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HomeMy WebLinkAboutagenda.council.regular.20120109 CITY COUNCIL AGENDA January 9, 2012 5:00 P.M. ANNUAL MEETING ASPEN PUBLIC FACILITIES I. Call to Order II. Roll Call III. Scheduled Public Appearances a) Outstanding Employee Bonus Awards IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #1, 2012 — Location Posting Notices of Meeting b) Resolution #2, 2012 — Appointment to NMPP and MEAN Board of Directors c) Resolution #3, 2012 — Contracts — Streets Planning and Design North Mill Corridor d) Board Appointment — Housing Board City /County Seat e) Minutes — November 2, December 12, 2011 VII. First Reading of Ordinances a) Ordinance #1, 2012 — Code Amendment — Liquor Code P.H. 1/23 VIII. Public Hearings a) Ordinance #38, 2011 — Theatre Aspen SPA Amendment b) Resolution #4, 2012 — Aspen Country Day /Aspen Meadows Temporary Use c) Resolution #5, 2012 — GMQS Rollover IX. Action Items a) Aspen Core (Benton /Little Annie's) Aspen Modern Application X. Adjournment Next Regular Meeting January 23, 2012 COUNCIL'S ADOPTED GUIDELINES • Stick to top priorities • Involve others in community problem solving • Be thorough, deliberate and accountable for consequences when making decisions COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. MEMORANDUM To: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: December 28, 2011 RE: Annual Meeting of the Aspen Public Facilities Authority SUMMARY: The articles of incorporation of the Aspen Public Facilities Authority state that the annual meeting shall be held on the second Monday in January. BACKGROUND: The Aspen Public Facilities Authority is a "non -profit corporation and an instrumentality of the City of Aspen for certain limited purposes ". The Board of Directors of the Authority is the members of the City Council, the City Finance Director and the City Clerk. The officers at the last annual meeting were: President Mick Ireland Vice President Derek Johnson Secretary Kathryn Koch Asst. Secretary Steve Skadron Treasurer Don Taylor The By -Laws state the President shall be the Mayor of the City of Aspen. The Vice President and Assistant Secretary shall be members of the City Council and shall hold • office so long as he or she remains a member of the City Council of the City of Aspen. The Treasurer shall be the Finance Director of the City of Aspen. The Bylaws of the Authority require that an annual meeting be held on the second Monday of January at 5:00 p.m. at the regular meeting place of the corporation. The Bylaws state the following order of business for regular meetings: 1. Roll call 2. Reading and approval of the minutes of the previous meeting (minutes of January 10, 2011 attached) 3. Bill and Communications 4. Report of President 5. Unfinished business 6. New business 7. Adjournment The Authority was formed to assist in the financing of several public projects over the years. Currently the only outstanding bond issue of the Authority is the 2007 Certificate of Participation issue which was used to finance the acquisition and remodeling of the Isis theatre. This borrowing will be fully repaid in 2037. The debt service is funded from the rents received from the building and is also guaranteed by the City. Aspen City Council Regular Meeting January 10, 2011 ANNUAL MEETING ASPEN PUBLIC FACILITIES Mick Ireland, president, called the annual meeting of the Aspen Public Facilities to order at 5:05 PM with member Johnson, Romero, Skadron, Torre, Koch and Taylor present. Don Taylor, treasurer, reminded the group that the Aspen Public Facilities was set up to facilitate financing of several projects, like the parking garage and purchasing the Isis. The entity is set up as separate from the city in order to accommodate lease purchase transactions. Taylor noted the revenues in 2010 were $594,000 from lease payments and the debt service payments were $597,000. The expenditures are annualized in equal amounts. Romero moved to approve the minutes of January 10, 2010; seconded by Torre. All in favor, motion carried. Romero moved to adjourn the public facilities authority at 5:10 PM; seconded by Johnson. All in favor, motion carried. COUNCIL MEETING CITIZEN COMMENTS 1. Emzy Veazy suggested Council consider accelerating debt payments. Veazy said there is snow on the ground and it should be taken care of. Veazy requested Council consider a sales tax holiday. COUNCILMEMBER COMMENTS 1. Mayor Ireland read a proclamation declaring January 10, 201101 to be an Epic Ski Day to honor 12" of snow and to acknowledge one of Aspen's core values, skiing. 2. Councilman Torre reminded everyone the newly elected county officials are being swom in tomorrow at noon at the County Courthouse. 3. Councilman Romero noted he and his family had a good vacation in Aspen especially not having any city meetings. Councilman Romero said Governor Hickenlooper is being sworn in tomorrow in Denver and he will be attending. 4. Councilman Johnson reported he just returned from one of Aspen's sister cities, Chamonix, and met some elected official of Chamonix. 2 ( � MEMORANDUM TO: Mayor and city Council FROM: Kathryn Koch, City Clerk DATE: December 28, 2011 RE: Resolution Designating the Public Place for the Posting of Notices of Public Meetings Pursuant to 1991 legislative amendments to the Colorado Open Meeting Law as Section 24- 6- 402(2)(c)(attached), City Council is to annually designate at its first meeting for each calendar year a public place for the posting of notices for meetings. By properly designating a place for posting meeting notices, a public entity will be deemed to have given full and timely notice of any meeting so long as notice thereof was posted in the designated place at least twenty -four hours in advance of the meeting. Posting notices in the designated place will also suffice for boards and commissions. Attached is Resolution #1, Series of 2012, which identifies the glass case in the first floor lobby of City Hall as the designated place for posting meeting notices. Approval of the consent calendar will adopt this resolution. Attach Resolution #1, Series of 2012 C.R.S. 24- 6- 402(2)(c) RESOLUTION #1 Series of 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS WHEREAS, the City Council of the City of Aspen, Colorado, deems it in the public interest to provide full and timely notice of all its meetings; and WHEREAS, the Colorado state legislature amended the Colorado Open Meetings Laws, Section 24 -6 -401, et. seq., C.R.S. to require all "local public bodies" subject to the requirements of the law to annually designate at the local public body's first regular meeting of each calendar year, the place for posting notices of public hearings no less than twenty -four hours prior to the holding of the meeting; and WHEREAS, "local public body" is defined by Section 24- 6- 402(1)(a) to include "any board, committee, commission, authority, or other advisory, policy - making, rule - making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision - making function but does not include persons on the administrative staff of local public body ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 A public notice of each meeting held by the City Council of the City of Aspen and each meeting of any other board, committee, commission, authority, or other advisory, policy - making, rule- making, or formally constituted body of the City of Aspen, shall be posted by the City Clerk at Least twenty -four hours prior to the holding of the meeting in the enclosed glass case in the lobby of City Hall, 130 South Galena Street, Aspen, Colorado. Section 2 The City Clerk shall notify each board, committee, commission, authority, or other advisory, policy - making, rule- making, or formally constituted body of the City of Aspen of the contents of this resolution and the other general requirements of the Colorado Open Meeting Law, C.R.S., Section 24 -6 -401 et. seq. Dated: , 2012 Michael C. Ireland, Mayor I, Kathryn S 'Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 9, 2012. Kathryn S. Koch, City Clerk Michie's Legal Resources Page 1 of 11 24 -6 -402. Meetings - open to public - definitions. (1) For the purposes of this section: (a) "Local public body" means any board, committee, commission, authority, or other advisory, policy - making, rule- making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision - making function but does not include persons on the administrative staff of the local public body. (b) "Meeting" means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication. (c) "Political subdivision of the state" includes, but is not limited to, any county, city, city and county, town, home rule city, home rule county, home rule city and county, school district, special district, local improvement district, special improvement district, or service district. (d) "State public body" means any board, committee, commission, or other advisory, policy - making, rule- making, decision - making, or formally constituted body of any state agency, state authority, governing board of a state institution of higher education including the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to section 23 -5 -121 (2), C.R.S., or the general assembly, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision - making function but does not include persons on the administrative staff of the state public body. (2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. amp. (c) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty -four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session. (II) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly http: / /www.michie.com /colorado /lnext dll /rnrn to /1 /2 x771 /1a7A7 /1 QKnne1.C/2 a OC 1 n o tnni 1 Vib MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: December 29, 2011 RE: Appointments to NMPP Members' Council, to MEAN Management Committee and to MEAN Board of Directors Resolution #2, Series of 2012, appoints Dave Hornbacher as a regular member to NMPP Members' Council, to MEAN Management Committee and to MEAN Board of Directors. Hornbacher is replacing Phil Overeynder. The resolution also appoints Ron Christian as alternate member, which he has been for years. Adopting the consent calendar will adopt Resolution #2 and approve these appointments. RESOLUTION #2 (Series of 2012) A RESOLUTION OF THE ASPEN CITY COUNCIL APPOINTING REPRESENTATIVE AND ALTERNATE REPRESETATIVE TO NMPP MEMBERS' COUNCIL, TO MEAN MANAGEMENT COMMITTEE AND TO THE MEAN BOARD OF DIRECTORS WHEREAS, the City of Aspen, State of Colorado, is a party to the Electrical Resource Pool Agreement and pursuant to the terms of such Agreement, it is the responsibility of the Aspen of Aspen to designate a representative and alternate representative to the Nebraska Municipal Power Pool members' Council, to the Municipal Energy Agency of Nebraska Management Committee and to the Municipal energy Agency of Nebraska Board of Directors. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, State of Colorado, that: 1. City of Aspen be and hereby is a member of the Nebraska Municipal Power Pool. 2. The City Council of the City of Aspen, State of Colorado, does hereby appoint David Hornbacher as the representative of the City of Aspen, State of Colorado, to the Members' Council of the Nebraska Municipal Power Pool. 3. The City Council of the City of Aspen, State of Colorado, does hereby appoint Ron Christian as the alternate representative of the City of Aspen, State of Colorado, to the Members' Council of the Nebraska Municipal Power Pool. FURTHER BE IT RESOLVED by the City Council of the City of Aspen State of Colorado, that: 1. The City Clerk is hereby directed to give written notice to the Municipal Energy Agency of Nebraska of the appointment of Dave Hornbacher as representative to said MEAN Management Committee. 2. The City Clerk is hereby directed to give written notice to the Municipal Energy Agency of Nebraska of the appointment of Ron Christian as alternate representative to said MEAN Management Committee. This is to certify that the City Council of the City of Aspen, State of Colorado duly appointed Dave Hornbacher to serve as director to represent the City of Aspen on the Board of Directors of the Municipal Energy Agency of Nebraska. The appointment will run for a term of three (3) years with the powers and duties incident to such office. This certificate is issued in compliance with the Municipal Cooperative Financing Act contained in the Nebraska Revised Statutes §18 -2401 et. seq. (1987). This is to certify that the City Council of the City of Aspen, State of Colorado duly appointed Ron Christian to serve as alternate director to represent the City of Aspen on the Board of Directors of the Municipal Energy Agency of Nebraska. The appointment will run for a term of three (3) years with the powers and duties incident to such office. This certificate is issued in compliance with the Municipal Cooperative Financing Act contained in the Nebraska Revised Statutes § 18 -2401 et. seq. (1987). 1, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the appointments set out above were approved by the City Council of the City of Aspen, State of Colorado at their meeting on January 9, 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 9, 2012. Kathryn S. Koch, City Clerk V Ce MEMORANDUM TO: Mayor and City Council FROM : Tyler A. Christoff THRU: Trish Aragon, P.E., City Engineer DATE OF MEMO: December 30, 2011 MEETING DATE: January 9, 2012 RE: Complete Streets Planning and Design: North Mill Street Corridor: Professional Services Contract Approval for JR Engineering. SUMMARY: Staff recommends that Council approves the contract for JR Engineering in the amount of $90,960.00 for professional services for the Complete Streets Planning and Design: North Mill Street Corridor Project BACKGROUND: Priority pedestrian and traffic safety projects were presented to City Council during a July 28 2009 work session meeting. These were pedestrian and traffic safety projects in various locations throughout the City. Council prioritized these projects and selected Mill Street as one of the projects to be funded with the Public Amenity Fund. This project follows the ideals of The City of Aspen Civic Master Plan (CMPAG) was adopted by City Council in December 2006. The Plan states "Aspen's future should be one in which the automobile pays a smaller role in people's everyday lives. Other modes of travel should be made as safe and convenient as possible to facilitate that goal... the level of investment in... more and better bikeways and walkways should increase." This project will utilize professional engineering services to develop and determine the feasibility and implementation of_pedestrian crossings, streetscape improvements,bicycle lanes and traffic calming into the Mill Street Corridor. Within the context of this project there are opportunities for the City to: • Improve the City's pedestrian system by providing traffic calming. • Design improved crossing infrastructure across the Mill Street corridor. • Integrate a bicycle lane into existing Right of Way, while increasing cyclist mobility and continuing to grow Aspen as a bicycle friendly community. • Provide a positive pedestrian and traffic interface along the Mill Street Corridor • Update and enhance pedestrian and cyclist connections to surrounding neighborhoods, and trail systems. DISCUSSION: Proposals were received from eight consultant teams as summarized below: The Bluegreen Team $171,900 Loris and Associates $ 98,999 Drexel, Barrell & Co. $ 44,295 Schmueser Gordon Meyer $ 39,875 Short Elliott Hendrickson, Inc $ 44,317 JR Engineering $ 90,960 WRC Engineering $ 89,870 Design Workshop $ 85,000 A team of 5 employees from the both the Parks and Engineering Departments performed independent reviews of all eight proposals. The proposals were then ranked as a group based on the rankings of each independent reviewer. Consultant fees were not reviewed until the proposals were scored. JR Engineering was selected after interviews of the four final teams were conducted. JR Engineering's proposal thoroughly addressed all aspects of the City's scope of work for the project. All members of the review committee felt that JR Engineering's team provided the most comprehensive professional services to the City for this project. FINANCIAL IMPLICATIONS: Staff intends to use Public Amenity Funds dedicated and approved for this Project by City Council. Total Project Expenditures JR Engineering Proposal $ 90,960.00 Staff Project Management $ 14,000.00 Contingency $ 10,000.00 Total Expenditures $114,960.00 Funding Budgeted Mill Street Project (Acct# 000.15.94077) $335,000.00 Total Funding $335,000.00 RECOMMENDATION: Staff recommends that Council approves the contract for JR Engineering in the amount of $90,960.00 for professional services for the Complete Streets Planning and Design: North Mill Street Corridor Project CITY MANAGER COMMENTS: Attachment A: Agreement for Professional Services (between the City of Aspen and JR Engineering) RESOLUTION # (Series of 2012) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND JR ENGINEERING, LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE COMPLETE STREETS PLANNING AND DESIGN: NORTH MILL STREET CORRIDOR PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and JR Engineering, LLC, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and JR Engineering, LLC regarding Complete Street Planning and Design: North Mill Street Corridor Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 9 2012 Kathryn S. Koch, City Clerk THE CITY OF ASPEN Complete Streets Planning & Design: North Mill Street Corridor CONTRACT FOR PROFESSIONAL SERVICES Issued: Friday Dec 30, 2011 City of Aspen 130 S. Galena Street Aspen, Colorado Phone: (970) 920 -5080 Fax: (970) 920 -5197 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ( "City ") and JR Engineering, LLC, ( "Professional "). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth as Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than 6/1/2011. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth as Exhibit `B" appended hereto by Professional. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed amount set forth in Exhibit `B" appended hereto by Professional. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non - Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub - Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub - contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefore, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, PS2- 971.doc Page 1 drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self - insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or PS2- 971.doc Page 2 damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurance acceptable to the City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (I) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU- SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interest's provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non -owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interest's provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. PS2- 971.doc Page 3 (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additionally insured. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Govemmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverage offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. PS2- 971.doc Page 4 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: Professional: City Manager Michael Brake, P.E., PLS City of Aspen JR Engineering, LLC 130 South Galena Street 2620 East Prospect, Suite 190 Aspen, Colorado 81611 Fort Collins, Colorado 80525 13. Non- Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13- 98, pertaining to non - discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof PS2- 971.doc Page 5 and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS2- 971.doc Page 6 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PROFESSIONAL: WITNESSED BY: 1 6-17/06 t Kti i f��L ',v 6-1 I U. e-- BY: 7 2/ `./4, Title: 1' / ee__t /^�Lcr'l /'4 Date: / ' .2u PS2-971.doc _ Page 7 EXHIBIT "A" to Professional Services Agreement SCOPE OF WORK PROJECT OBJECTIVE: This project will utilize professional engineering services to develop and determine the feasibility and implementation ofpedestrian crossings, streetscape improvements, shared bicycle lanes and traffic calming into the Mill Street Corridor. This project's scope will include conceptual design for sidewalk, trail and street connections outside of Right of Way corridor on Mill Street well as complete construction design services for Mill Street from Main Street to Gibson Avenue. Complete design resulting in Construction Drawings and related documents will be provided for this area. The design area will be referenced as the `Mill Street Improvement Corridor' for the remainder of this document. Conceptual design will occur as outlined in Exhibit "A ". Conceptual Design will be framed by Rio Grande Park and Rio Grande Place on the East to Puppy Smith Street and Jennie Adair Park on the West. This area will be referenced as the `Conceptual Design Area' for the remainder of this document and is outlined in Exhibit "A ". Within the context of this project there are opportunities for the City to: • Improve the City's pedestrian system by providing traffic calming • Designed improved crossing infrastructure across the Mill Street corridor. • Integrate a bicycle lane into existing Right of Way, while increasing cyclist mobility and continuing to grow Aspen as a bicycle friendly community. • Provide a positive pedestrian and traffic interface along the Mill Street Corridor • Update and enhance pedestrian and cyclist connections to surrounding neighborhoods, and trail systems SCOPE OF SERVICES: To achieve these goals, the following tasks have been identified: 1. DATA COLLECTION: 1.1 Engineering Research: Items of particular importance include: • Understanding the pedestrian and vehicular patterns of the area. • Identifying all above ground utilities within the construction area. • Identifying construction techniques that will minimize disruption of private property and City Parks. • Identifying any additional pedestrian and traffic issues in the area. • Identifying additional opportunities for connectivity The Consultant shall ensure that the Work is in compliance with the City of Aspen municipal code, City of Aspen standards for construction, AASHTO Specifications, Americans with Disabilities Act, Manual on Uniform Traffic Control Devices and other applicable codes and specifications. In case of any discrepancy between any of the requirements set forth, the more stringent requirement shall apply. If any questions arise as to which requirement is more stringent than another, the Project Manager shall be authorized to determine which is more stringent, and the Project Manager's decision shall be final. The result of this work will be the Memorandum of Design - Design Criteria. 1.2 Survey, Right of Way, Easement Survey, and Ownership Map: The Consultant will conduct surveys where directed using conventional field surveying and plat research methods. The general project area is illustrated in `Exhibit A'. The Consultant will secure right -of -entry from the property owners. The City will furnish the consultant with a complete survey inventory of the Project area. The consultants field survey shall provide the following information: • Establish horizontal and vertical control • Establish Right of Way and easements • Detailed topography in both the Mill Street Corridor Improvement area and Conceptual Design area • Easement surveys will be conducted at the same time as the design surveys on all parcels that are anticipated to involve acquisitions or purchase of easements. Preparing and checking the property ownership map and the initial property owner meetings will be included in this task • The Consultant shall obtain the most recent ownership information from the assessor's office that is necessary for preparing an easement map and to be used for easement acquisition. Title searches and legal description will be proposed as unit price items. 1.3 Utility Research: Utilities within the project limits are critical. Utility information will be developed from "as- built" plans (if available), surface locates, potholing the existing utilities, as appropriate, and meeting with individual utility companies. The Consultant shall determine areas that require design locates and pothole these locations. All work shall be coordinated with all impacted utility companies, districts, associations, agencies, and residents located within the project area. 1.4 Geotechnical Survey and Design: Geotechnical studies and designs will be conducted per CDOT requirements. The Memorandum of Design — Geotechnical Investigation will include sections on: • Construction recommendations for earthwork (trenches, embankments, etc.) • Construction recommendations for sidewalk installation 1.5 Landscaping: A landscape architecture "inventory" shall be developed for the project area, including; improvement and conceptual design areas. This inventory will be used in the restoration of existing landscaping and sprinkler systems within the project limits. The consultant will coordinate with the City of Aspen Parks and Recreation Planning and Landscape Architecture Staff for this task. The result of this work will be documented in the Memorandum of Design — Landscaping and Irrigation 1.6 Vehicular Traffic, Pedestrian, and Bicyclist Data: Traffic data will be collected to include; peak hour volumes as well as turning movements. This data will include: • Average daily and peak hour volumes along the Mill Street Corridor for vehicular traffic, bicyclists, and pedestrians • Turning movements for vehicular traffic and cyclists along the Mill Street Corridor for each intersecting roadway and trail 2. CONCEPTUAL DESIGN: 2.1 Documentation of Design Criteria The Consultant shall document the decisions made and provide meeting minutes. The Consultant shall also document all the design criteria that will be used for the project. The design criteria shall be prepared, and submitted, prior to a pre - design meeting and shall be approved by all the entities involved with the project prior to the start of construction design phase. As the project progresses, if revisions or clarifications are needed, they should be documented in project file memorandums. All future changes are to be submitted and approved by the City Project Manager. 2.2 Utility Coordination and Design: Early identification of the utility facilities within the project area will get immediate attention. It is the objective of this project to avoid existing utilities whenever possible. The Memorandum of Design — Utilities will include documentation of the utilities in the project area including information on the potholing of selected utilities as discussed above. The Consultant shall contact the impacted utility companies or districts, and providing them assistance throughout the design process. The Consultant will help develop a schedule for the utilities to be adjusted in order to complete the project. The Consultant shall provide the utility companies with the proposed plan, profile and cross - sections prior to the 30% Design Review, 60% Design Review and 90% Design Review meetings (providing electronic files if requested). Consultant shall compile comments received from utility companies and make necessary revisions to the design. The Consultant shall invite the appropriate utilities to the 30 %, 60 %, and 90% Design Review Meetings. Preparation of exhibits for utility agreements between the City and various utility companies are not included in this scope of work. 2.3 Drainage Plan: It is anticipated that a Drainage study will be conducted to address the following issues: • Develop a drainage report that addresses the increase in impervious area. This report shall reference the City's Urban Runoff Management Plan • Provide creative solutions to detach impervious surface and provide water quality opportunities throughout the corridor • To achieve this, the Consultant shall: Submit preliminary and final drainage hydraulic reports to the City of Aspen for review and approval using a letter submittal format. The result of this work will be documented in The Memorandum of Design — Drainage 2.4 Landscape Planning and Designs: The consultant will coordinate with the City of Aspen Parks and Recreation Planning and Landscape Architecture Staff for concept development related to pedestrian interface, and landscape features associated with the Rio Grande Park. The City of Aspen Parks and Recreation Department planning staff shall coordinate with the Consultant to achieve a favorable streetscape, adequate transportation infrastructure, and materials and methods that match park vernacular. Landscape architectural services from preliminary planning to planting and irrigation design to any necessary construction documentation will be provided by staff from the City of Aspen Parks and Recreation Department. 2.5 Conceptual Pedestrian Plan: The consultant will provide a written traffic and pedestrian analysis of the Mill Street neighborhood outlining current conditions and capacity. The consultant will recommend improvements for pedestrian safety by proposing alternative routes and highlighting missing links in the system. The consultant will identify underutilized space within City Right of Way and City property along the Mill Street corridor. The plan shall be accompanied by: • Renderings of conceptual concepts. • Presentation quality imagery • Perspective drawings illustrating both elements of the design and the corridor as a whole • User flow patterns detailed at Critical links such as Main Street, Puppy Smith Road, Rio Grande Place, Bleeker Street and local Trail Connections 3. PRELIMINARY DESIGN RECOMMENDATIONS 30% design The Consultant will prepare the conceptual design. The extent of this design area is outlined in exhibit "A" as the Mill Street Improvement Corridor. 3.1 Documentation of Design Criteria The Consultant shall document the decisions made and provide meeting minutes for all pertinent design discussions. The Consultant shall also document all the design criteria that will be used for the project. The design criteria shall be prepared prior to a pre- design meeting. The criteria shall be approved by all City Staff associated with the project prior to the start of final design. As the project progresses, if revisions or clarifications are needed, they should be documented in project file memorandums. All future changes are to be submitted and approved by the City Project Manager. 3.2 Design Meetings: The Consultant shall also conduct the meeting and perform the following: • Pre Design Meeting: Offeror shall attend a pre- design meeting and conduct the pre- survey scoping in order to collect all relevant information and to discuss any questions relating to the scope of work and method of collecting survey data. • Draft and Final Submittal Meetings: The meetings shall occur prior to each submittal. The offeror and the City Project Manager shall conduct the meeting. Offeror shall arrange for the meeting, prepare and distribute minutes from the meeting. The Offeror shall send the plans, including any additional requested copies to utility companies and other agencies using a Letter of Transmittal, which will include the date and time of the meeting. 3.3 Preliminary Plans: The Consultant will prepare the initial design. The Preliminary Plan package will include the following: • Title Sheet, Project Data, Plans Index • Check / verify the survey data and plot the data for conformity and accuracy. • Typical Sections and General Notes (Existing and Proposed) • Plan and Profile (at 1 " =20') • Sidewalk, ADA Ramp and Crossing layout (Existing and Proposed) • Prepare all necessary sidewalk typical sections. • Design and plot horizontal and vertical alignments • Survey Control • Determine preliminary earthwork data. • Landscaping, electrical and irrigation. • Plot typical cross sections identify all proposed slopes. • Identify known utility conflicts. • Details sheet • Outline Specifications • Preliminary Cost Estimate Other items of the preliminary design will include: • Landscaping and restoration strategies, • Sediment and Erosion Control Plan. 3.5 30% Review Meeting The Consultant shall also conduct the meeting and perform the following: • Prepare preliminary plans for 30% Design Review Meeting. • Send plans to the affected utility companies for their review and follow up with telephone calls and letters as needed. • Prepare and distribute minutes from the meeting. • Send meeting notifications to the various utility companies impacted by the project. 4. 60% DESIGN: 4.1 60% Design Review Plans and Specifications for Sidewalk. In addition to the requirements previously identified in Preliminary Plan Set, the following shall be completed by the Consultant and / or provided to the City: • Plan drawings at 60% complete design and revised as necessary, to include decisions made during the 30% Design Review Meeting. • Updated quantities; documented with worksheets. • Tabulated quantities. Quantities will be tabulated for roadway, landscaping and drainage elements for the City Bid Tabulation. • Incorporate right -of -way requirements and easements into the plans. • Prepare updated opinion of probable cost. Item numbers, descriptions, units, and quantities will be as per CDOT format. • Prepare cross sections every 50 feet for the plans. Supplemental cross sections as required for special features such as driveways, culverts, intersections, and critical locations where the side slopes may present concern. • Prepare special details, which include but are not limited to sidewalks, culverts, inlets, detention ponds, outfall protection, erosion control, and riprap. • Show ownership information on plan sheets. • The 60% Design Review submittal shall include General Notes and Project Special Conditions. • The Consultant will transmit plans to the affected utility companies and coordinate and review details for utility relocations. The 60% Design Review plans shall indicate existing and proposed utility relocations. 4.2 60% Design Review Plans and Review Meeting • Transmit plans to affected agencies fifteen (15) days prior to design review meetings • Attend and discuss additions or revisions to plans and special provisions. Consultant shall conduct the 60% Design Review meeting and distribute minutes to participants within 5 working days of meeting. • The submittal shall contain half size sheets (11" x 17 "). The Consultant shall submit five (5) sets of half size sheets, in addition to those needed for the utility companies. The cross - sections shall be submitted as part of the half -size plan set. The Consultant shall send plans to utility companies and other review agencies along with a notice of the 60% Design Review meeting data and location. • Prepare project technical specifications. Project Special Provisions and Technical Specifications shall be prepared using CDOT format. • The Consultant shall make necessary corrections to the plans and special provisions following the 60% Design Review Meeting and as requested by the City. 5. FINAL DESIGN: 5.1 Final Plans and Specifications (90 %): The final plans will be prepared in general conformance to standard plans formats used on CDOT projects. Final Plans, revised as necessary, will reflect decisions made during the 60% Design Review Meeting, The final plans will include: • Title Sheet, Project Location, Plans Index • Standard Plans List (CDOT form) • Typical Sections, General Notes and Project Special Conditions • Sidewalk ADA Ramp and Crossing Layout • Prepare all necessary sidewalk typical sections. • Design and plot proposed horizontal and vertical alignments (show existing conditions). • Determine preliminary earthwork data. • Landscaping, electrical and irrigation. (including restoration) • Plot cross sections at 50' intervals and identify all proposed slopes. • Erosion Control Plan • Survey Control • Plan and Profile (at l " =20') • Construction Staging and Traffic Control • Miscellaneous Construction Details which include but are not limited to Curb and Gutter, inlets, ADA ramps, outfall protections, erosion control, and riprap • Summary of Final Quantities • Tabulation Sheet • Final Cost Estimate • Finalize cross sections every 50 feet for the plans. Supplemental cross sections as required for special features such as driveways, culverts, intersections, and critical locations where necessary. • Confirm ownership information on plan sheets. 5.2 Specifications and Cost Estimate: Final Specifications will be prepared in CDOT format and will incorporate City requirements. Specifications for the project will be based on the latest version of the CDOT's Standard Specifications for Road and Bridge Construction. Finalize tabulated quantities. Quantities will be tabulated for roadway, landscaping and drainage elements for the City Bid Tabulation. Prepare final opinion of probable cost. Item numbers, descriptions, units, and quantities will be as per CDOT format. 5.3 Construction Contract Documents: The Consultant will provide the Plans and Specifications and Bid Schedule (list of Bid Items) to the City. The Consultant will also prepare the Construction Contract Documents (which will include the Plans and Specifications and Bid Schedule prepared by The Consultant). Consultant shall incorporate all project technical specifications and special conditions into the City of Aspen's standard contract document. 5.4 Final Design Plans (90 %) Review and Review Meeting • Transmit plans to affected agencies and utilities fifteen (15) days prior to design review meetings. along with a notice of the 90% Design Review meeting date and location. • Attend and discuss additions or revisions to plans and special provisions. Consultant Project Manager will conduct the meeting and distribute minutes to participants within 5 working days of the meeting. • The Consultant shall make necessary corrections to the plans and special provisions following the 90% Design Review Meeting and as requested by the City. 5.5 Design Errors: Any additional design or construction costs resulting from conflicts with existing conditions, during the construction phase, that could have been identified by the Consultant within reasonable means, shall be borne by the Consultant. 6. GENERAL: • 6.1 Project Coordination and Continuing Requirements: This task includes meetings, and general documentation of all activities of the project. Review meetings are included as discussed above. The Consultant shall provide the City with the following: • Copies of all written communications shall be distributed via email or legible fax in a timely manner and hard copies shall follow with the monthly progress report submitted with the monthly billing. • Communication between the Consultant Project Manager and the City of Aspen Project Manager will require confirmation of decisions made during telephone conversations and at formal and informal meetings. The Consultant shall prepare minutes from telephone calls and meetings and send these to the City within 5 working days of the meeting or conversation. • Coordination of all contract activities by the Consultant that involve work tasks being assigned to sub - consultants; and ensure the project work is completed on schedule and within budget. 6.2 Monthly Progress Reports The Consultant shall document progress, utilizing a project schedule / Earned Value Tabulation to illustrate and track what percentage of each task has been completed as part of the monthly progress reports (which shall be included with the monthly invoice and submitted to the City Project Manager). 6.3 Progress Meetings The Consultant shall conduct the meetings using the following format: The City and the Consultant Project Managers will meet periodically in order to discuss the project issues and status. Notice for meetings and meeting agenda shall be prepared and distributed by the Consultant. The progress meetings will be used to review progress, coordinate work activities and to resolve outstanding problems. The following will be reviewed at each meeting: a. Debriefing of issues brought up by the public b. Update of activities completed since the last meeting c. Problems encountered and recommended solutions d. Review of design and any new alternatives to be considered e. Discuss if any delays are anticipated in accomplishing various tasks and re -define necessary timelines for their completions. f. Schedule upcoming meetings and events g. Discuss and update the schedule (revise if necessary) h. When a definable task is discussed during a meeting, the minutes will identify the "Action Item ", identify which agency is responsible for accomplishing it, and the proposed completion date. In general, all reports and submittals must be approved by the City of Aspen Project Manager prior to using their content in follow -up design efforts. The City of Aspen Project Manager will endeavor to notify the Consultant within 5 working days with approval or redirection. 6.4 Public Involvement: The Consultant will support the City in preparing for and conducting a public involvement program. The major elements of the plan will be: • (2) - two, City Council meetings with preparation of supporting graphics • (2) - two Meetings with property owners directly affected by the improvements, with preparation of supporting graphics EXHIBIT "B" to Professional Services Agreement JR Engineering, LLC Proposal File (To be completed prior to execution of Agreement) PS2- 971.doc Page 8 S - soo ° a ° $° o °�rrsi oo O Oa o o$o o w a °T ° ay.° ° °c ° o ° oc0 o o° C �Pp _ ? ? — cv �4. 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[I- G1 v' v G U n ,` _. o >s 0 81 00 00 cc II -t VI A MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: January 4, 2012 RE: Board Appointments By approving the consent calendar, Council is making the following appointments: Aspen Pitkin County Housing Authority Joint Bobbi Burkley Pitkin County interviewed and is appointing Ms. Burkley January 14 Council interviewed Ms. Burkley November 29 and recommended her joint appointment after Pitkin County interviewed. Jennifer Olsen, who you appointed at the alternate to P &Z in December, had to resign for health reasons. We are advertising for a vacancy for an alternate member to P &Z II ] O CITY OF ASPEN APPOINTMENT APPLICATION NAME 15 0664€ 3eAte-kezi STREET ADDRESS /O6 AXi/Akoh .� MAILING ADDRESS 14Sp Co Q / 4,/1 HOME PHONE 9a0 — mil A7` / WORK PHONE EMT //,71,?- CELL PHONE 3 i ,Ot7 k' E -MAIL hobhr e, ei. eC en- k4///e -rr-i . L eat v BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE: Cl + Election Commission + ** Planning & Zoning Commission + Board of Adjustment Board of Examiners & Appeal + ** Historic Preservation Commission Wheeler Board of Directors Commercial Core & Lodging + Roaring Fork Transit Agency + Housing Authority + Liquor License Authority Child Care Advisory Committee + Open Space Advisory Board Aspen /Pitkin Animal Shelter Board ** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON: 1.) Aspen Area Community Plan - on which aspects you may agree or disagree 2.) Growth in Aspen and the Aspen Area 3.) Affordable Housing + CITY RESIDENCY REQUIREMENT IS 1 YEAR IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT EMPLOYMENT PREVIOUS TWO YEARS: £to h xc�lGC�rt ( STREET ADDRESS PREVIOUS TWO YEARS: /O 6. ,Re In 4 -O C° k' / 1./7 INVESTMENTS AND /OR LANDHOLDINGS IN PITKIN COUNTY: /Zdovg-- I desire the appointment for the following reasons: tt Cad chr-el • SIGNATURE/ u-4- DATE: appta .doc I'D LIKE TO BE CONSIDERED FOR AN APPOINTMENT TO THE APCHA BECAUSE 1 THINK 1 COULD CONTRIBUTE CONSTRUCTIVELY IN MAINTAINING AND ENHANCING THE COMMUNITY AFFORDABLE HOUSING PROGRAM FOR PITKIN COUNTY EMPLOYEES IN ALL LIFE STAGES FROM SINGLES AND FAMILIES TO EMPTY NESTERS -- FROM THE PERSPECTIVE OF BOTH EMPLOYERS AND EMPLOYEES AND PROFESSIONALS AND LABORERS. 1 BELIEVE 1 AM WELL- CONNECTED IN THE COMMUNITY AND MY BACKGROUND WOULD SERVE THE APCHA WELL IN CAPTURING THE ATTITUDES, OPINIONS AND INTERESTS OF THOSE CURRENTLY IN AFFORDABLE HOUSING AND THOSE SEEKING IT, AS WELL AS AMONG MEMBERS OF THE COMMUNITY IN FREE MARKET HOUSING. 1 WOULD LIKE TO ASSIST THE APCHA IN STAYING CURRENT IN CREATING POLICIES AND QUALIFICATION CRITERIA, THAT AS ACCURATELY AS POSSIBLE, ACCOUNT FOR COST OF LIVING AND INFLATION /DEFLATION. I HAVE SERVED ON THE HOSPITAL COMMUNITY ADVISORY COMMITTEE (4 YEARS) AND ACPA BOARD (6 YEARS). MOREOVER, 1 WAS INSTRUMENTAL IN RECOMMENDING, DEVELOPING AND IMPLEMENTING A COMMUNITY ADVISORY BOARD FOR THE AAM AND FOR BASE VILLAGE. 1 HAVE LIVED AND WORKED IN ASPEN FOR 20 YEARS AND AM RAISING A FAMILY HERE. MY BACKGROUND 15 IN MARKETING RESEARCH IN DC, WORKING SPECIFICALLY WITH NON - PROFITS, GOVERNMENT AGENCIES AND PUBLIC POLICY ORGANIZATIONS (5 YEARS); IN MANAGEMENT POSITIONS WITH ASPEN SKIING COMPANY (11 YEARS) AND MOST RECENTLY, FOR A LOCAL SMALL PRIVATE MARKETING AGENCY (7 YEARS). 1 HOLD A B.S. IN MARKETING FROM THE UNIVERSITY OF VIRGINIA AND A MASTERS IN MARKETING RESEARCH FROM THE UNIVERSITY OF GEORGIA. V tI a� MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE OF MEMO: December 28, 2011 RE: Ordinance #1, 2012, Code Amendment - Liquor REQUEST OF COUNCIL: Staff and the Liquor Authority request Council adopt this proposed amendment to the Municipal Code regarding the allowed age of liquor servers and the age for consumption of fermented malt beverages (beer). DISCUSSION: Beginning in the 1970's the Aspen City Council adopted local liquor codes, as allowed by Colorado Statute. The Aspen Municipal Code incorporates the state liquor codes unless in conflict with the local code. In 1994 Council established a separate Liquor License Authority (LLA). One of the duties of the LLA is to recommend modifications of the liquor codes and adoptions of other rules and regulations to Council. It has come to the attention of the LLA that there is an inconsistency between the state liquor code and the municipal code regarding the age of employment in liquor licensed establishments. Because the City's ordinance is more restrictive it would be enforceable within the City. However, the LLA believes that it is appropriate that the City in this instance simply rely on the state code. C.R.S. 12-47- 901(5) reads: "It is unlawful for any person licensed to sell at retail pursuant to this article: (a)(I) to sell an alcohol beverage to any person under the age of twenty -one years ... or to permit any alcohol beverage to be sold or dispensed by a person under eighteen years of age, or to permit any such person to participate in the sale or dispensing thereof. . .Notwithstanding any provision of this subparagraph (I) to the contrary, no person under twenty-one years of age shall be employed to sell or dispense malt, vinous, or spirituous liquors unless he or she is supervised by another person who is on premise and has attained twenty-one years of age. No employee of a tavern license that does not regularly serve meals or a retail liquor store shall sell malt, vinous or spirituous liquors unless such person is at least twenty -one years of age ". The city code Section 5.08.030 reads, Employment of persons under certain age prohibited. "No person under the age of twenty -one (21) shall be allowed or employed to serve alcoholic liquor on any licensed premises. No person under the age of eighteen (18) shall be allowed or employed to serve fermented malt beverages on any licensed premises. This Section does not prohibit the employment of a person under the age of twenty -one (21) or eighteen (18) respectively for any lawful purpose on the licensed premises other than the service of alcoholic liquor or fermented malt beverages." Page 1 of 2 At the December 6, 2011, LLA meeting, the Authority discussed the difference between the city code and the state statutes regarding the legal age of serving food and alcohol. The city code requires one to be 21 to serve food and beverage; state statutes allow an employee to be between 18 and 21 as long as there is an employee of 21 or over at the establishment. This difference between the two regulations causes confusion and results in some establishments inadvertently breaking the law. Neither the LLA nor the staff believe that there is any compelling reason to maintain the present local restriction. The Aspen Chief of Police has been consulted as to the proposed change and supports maintaining consistency with the state code. Thus, the authority suggested Council change the city code so that it is the same as the state code. The motion was made and approved by the Liquor Licensing Authority to recommend the City Attorney bring to the attention of Council the inharmonious nature of Section 5.08.030 with state statutes. Thus, it is proposed that Section 5.08.030 of the Aspen Municipal Code simply be deleted in its entirety. This would mean that C.R.S. 12 -47- 901(5) would apply to all establishments within the City. In reviewing the discrepancy involving the age of servers, it was discovered that the existing Municipal Liquor Code, Sec. 5.08.010(a) still authorizes individuals between the ages of 18 and 21 to consume fermented malt beverages (beer) on licenses premises. This is contrary to current state regulations. Since this section is less restrictive than state code, it would most likely be deemed obsolete and preempted by the state code and various Federal mandates. Nonetheless, it is recommended that since the provision discussed above involving the age allowed to sell alcohol is being amended, that the second sentence of this Section 5.08.010(a) be deleted so that there remains no question regarding the age of consumption. FINANCIALBUDGET IMPACTS: There are no financial/budget impacts. ENVIRONMENTAL IMPACTS: There are no environmental impacts. RECOMMENDED ACTION: Staff recommends Council adopt Ordinance #1 on first reading and schedule a public hearing for January 23, 2012. ALTERNATIVES: If Council does not want to change the city code, it can stay the same requiring all employees serving in liquor licensed establishments to be 21 or older. PROPOSED MOTION: "I move to read Ordinance #1, 2012 and I move to adopt Ordinance #1, 2012, on first reading." CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance #1, Series of 2012 Page 2 of 2 ORDINANCE NO. 1 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 5.08 OF THE ASPEN MUNICIPAL CODE, ALCOHOLIC BEVERAGES, GENERAL REGULATIONS. WHEREAS, Title 5, of the Aspen Municipal Code sets forth the City's regulations of Alcoholic Beverages as authorized pursuant to the State of Colorado Liquor Code, Article 47, Title 12, C.R.S.; and WHEREAS, Sec. 5.04.020 and Sec. 5.04.030 of the Aspen Municipal Code incorpo- rates and adopts the terms of the State of Colorado Liquor Code, Article 47, Title 12, C.R.S., "relating to the definition of terms, licensing, sales, hours of sale, records, inspection, un- lawful acts..."; and WHEREAS, despite the adoption of the provisions of the State of Colorado Liquor Code regarding "unlawful" acts, the Aspen Municipal Code contains certain provisions that are inconsistent with the unlawful acts described in the State of Colorado Liquor Code. One provision is inconsistent with current federal mandates regarding drinking age. Another provision is inconsistent with the descriptions of ages in which individuals can serve and sell alcohol in licensed establishments; and WHEREAS, the Aspen Liquor Licensing Authority has requested that the munici- pal code be amended so that regulations regarding the age in which individual can serve and sell alcohol in a licensed facility is consistent with the statutory provisions of the State of Colorado Liquor Court; and, WHEREAS, the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. Text being removed looks like this. • Text being added is bold and underline. Text being added looks like this. • Text which is not highlighted is not affected; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The City Council hereby amends Section 5.08.010 to read as follows: Sec. 5.08.010. Sales prohibited. No alcoholic liquor and 110 fermented malt beveraee shall be sold or served to any intoxicated person or to any person under twenty -one (21) years of age. Ne .• = : -. (Code 1971, § 4 -25; Ord. No. 35 -1978, § 1) Section 2: The City Council hereby deletes Section 5.08.030 in its entirety. Section 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4. Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5. Effective Date. This ordinance shall be effective thirty days after final adoption. Section 6. Notice A public hearing on the ordinance was held on January 23, 2012, in the Aspen City Council Chambers, 130 S. Galena St., Aspen, Colorado, prior to which hearing a public notice of the same was published within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2012. Michael C. Ireland, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Koch, City Clerk John Worcester, City Attorney V MEMORANDUM TO: City of Aspen Mayor and City Council ej A THRU: Chris Bendon, Community Development Director ito FROM: Jessica Garrow, Long Range Planner an) RE: Second Reading of Ordinance No. 38, Theatre Aspen SPA Amendment MEETING DATE: January 9, 2012 APPLICANT: SUMMARY: Theatre Aspen, Emily Zeck The Applicant requests an amendment to the Rio Grande SPA and Executive Director a Growth Management Review for Essential Public Facilities to construct a permanent lobby structure and to retain the OWNER: performance tent framing, stage, and seating on the site during the City of Aspen winter. REPRESENTATIVE: STAFF RECOMMENDATION: Will Young, Charles Staff recommends approval, with conditions, of the SPA Cunniffe Architects amendment, and growth management review. LOCATION: E Rio Grande Park * i . .......:#_ :~ 505 Rio Grande Place , r� CURRENT ZONING & USE - 19. x0. F 1 a r, : ;) x'" Public (PUB) with an SPA 4_ .A overlay ;mow R PROPOSED LAND USE: Theatre Use (Theatre Aspen) The picture above shows the performance tent framing with the stage and seating under protective cover. ISSUES RAISED AT FIRST READING Council raised a number of issues at first reading. These outlined below: 1. Please provide additional information about the previous approvals for Theatre Aspen. How does this proposal compare with the previous approvals. Theatre Aspen was started in 1982 with performances in the basement of the Hotel Jerome. After four years, the Artistic Director of the Theatre approached the City Council about Page 1 of 8 relocating to Rio Grande Park. Theatre Aspen set up a summer performance tent, and operated there from 1986 to 1992. The Theatre provided an opportunity for a group of volunteers to work together and improve the overall character of the park. According to the 1992 Temporary Use application, "The presence of the theatre tent for the last six summers has helped to bring together a group of volunteers to begin the reclamation of the property. There have been major improvements including the Art Park revegetation effort and the establishment of a kayak course." Because of the renewed interest in the park, City Council requested a Master Plan be developed for park. From 1992 —1994 Theatre Aspen received a series of Temporary Use approvals to continue operating in Rio Grande Park while the Rio Grande Master Plan was finalized. That plan was finalized in 1994, and Theatre Aspen received a permanent approval to hold performances in the park in a seasonal summer tent. The Rio Grande Master Plan recognized arts uses an important components of the Rio Grande Park, and encouraged the continuation of the theatre use in the park. The approval also permitted the use of a small storage shed and other ancillary structures to help ensure the site was kept in a clean and tidy fashion. As part of the approval, improvements to site access, burying utilities, the addition of landscaping, and limitations on parking were required. Theatre Aspen was approved as an Essential Public Facility and no affordable housing mitigation was required. The approval did not list any approved dimensions related to the tent or ancillary structures. The temporary use approvals indicated the tent was approximately 60 feet by 80 feet and 26 feet in height. The applicant has continued to work with the Parks Department over the years to ensure their activities do not interfere with park operations. 2. How does the Rio Grande Master Plan relate to this project? In 2006 the City adopted the Civic Master Plan (CMP). The Civic Master Plan is the adopted plan for the Rio Grande Park, superseding the Rio Grande Master Plan from 1993. Any development in Rio Grande Park is no longer evaluated against the 1993 Master Plan. The CMP acknowledges the Theatre Aspen use in the park, but does not speak to any specific design or development requirements for the Theatre. The CMP also discusses the importance of providing gateways to the John Denver Sanctuary and to include storm water improvements in the park. In 2011, the Aspen Parks Department updated their Rio Grande Park Masterplan. The Parks Department has been working closely with Theatre Aspen to coordinate improvements to the park. (See the last 2 pages of the application, Exhibit C, for details on the Masterplan.) 3. How will the site be used in the winter? Is there a use plan for the winter months? Theatre Aspen is not proposing any active use of the tent area or in the permanent lobby structure. The lobby structure will be used for on -site storage of materials, but will be closed and not in use during the winter months. The tent covering will continue to be stored off-site in a climate controlled facility. Page 2 of 8 4. Please clarify the audit procedures. Theatre Aspen is applying for an Essential Public Facility Growth Management Review as part of their request to build a permanent lobby structure. The Housing Authority has recommended that an audit of Theatre Aspen be conducted after one year of operation. Theatre Aspen will conduct an audit and report the results to the Housing Authority and the Community Development Department. If the audit shows that additional FTEs (full -time equivalents) are generated directly because of this proposal, then the project will go before City Council for review. At that time City Council must determine the appropriate mitigation amount for the project. City Council may decide to waive any mitigation requirements, may require a portion of mitigation or may require full mitigation. 5. Will the applicant conduct additional public outreach? The applicant is holding an open house on Friday January 6 Notice of the meeting was sent to neighbors within 300 feet of the project. The applicant will be prepared to provide a summary of the open house at Second Reading. 6. How has the temporary use approval for the tent frame gone? Staff has not received any public comments about the tent framing since the P &Z meeting. All public comments received to date are attached as Exhibit * *. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: • Specially Planned Area Amendment for a new lobby structure and to allow the performance tent frame, stage, and seating to remain onsite year -round pursuant to Land Use Code Section 26.440.050 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). • Growth Management Review for an Essential Public Facility pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). PROJECT BACKGROUND: The Applicant has requested an Insubstantial SPA Amendment and a Growth Management Review for an Essential Public Facility in order to construct a permanent lobby structure and to leave the existing performance tent frame, stage, and seating up on the site year - round. Theatre Aspen has maintained a seasonal tented performance venue at Rio Grande Park since 1989, when a first "circus" tent was erected. Theatre Aspen was established by Kent Reed in 1983 and moved to Rio Grande Park in 1989 when Pat Fallin and Carol Loewenstem managed the organization. A few years later, approximately in 1993, funds were raised to purchase the tent that was in place in the park between 1995 and 2010. City Council approved Ordinance 24, Series of 1995 (see Exhibit H), allowing a tent to be erected in Rio Grande Park each year between mid -May and mid - September. In addition, Theatre Aspen has used a temporary tent to house lobby and concessions, and has a number of Page 3 of 8 ancillary structures that support the theatre operation. Ordinance 24, Series of 1995 gave Theatre Aspen an Essential Growth Management approval for the seasonal activities. In January 2011, the applicant met with City Council in a work session to review potential changes to the lease and to discuss options for improvements to the theatre use on Rio Grande Park. Based on the feedback at that work session, the lease was amended and staff processed a minor SPA amendment to replace the tent, re- orient the entrance, and replace some of the ancillary structures. The approval required Theatre Aspen to comply with all previous conditions of Ordinance 24, Series 1995. These approvals result in truck trips on the trails in Rio Grande Park each year for constructing and dismantling the tent each season. See the application (Exhibit C) for a copy of the lease and the administrative approvals. Based on feedback in the January 2011 work session, Theatre Aspen has applied for a Major SPA Amendment, a Growth Management Review for Essential Public Facility, and other associated reviews, to allow the construction of a permanent lobby structure. After replacing the tent earlier this year and operating in it for a season, Theatre Aspen is interested in having the tent frame, stage, and seating to remain up year - round. The application was made in the late summer, which did not provide enough time to process the request before the mid - September deadline outlined in their existing approvals. The applicant then requested a temporary use approval from City Council to cover the interim time between mid - September and the time in which P &Z and City Council can review the Major SPA Amendment. A copy of that approval and meeting minutes is attached as Exhibit I. PROJECT SUMMARY: Theatre Aspen is proposing a new permanent lobby structure of 1,947 square feet and 24 feet in height. This is approximately the same size as the temporary tent that is used for the lobby from mid -May to mid - September each year. In addition, it is the same height and has the same roof form as the performance tent. The structure would be located adjacent and immediately to the east of the tent structure. During the summer theatre season, the ticketing and concessions functions would be incorporated into the structure. In the winter, the structure would be used for storage of ancillary items that are currently stored elsewhere on the site or off -site. The structure will provide a permanent presence for Theatre Aspen in the park. Theatre Aspen has been working closely with the Parks Department on this concept. The proposal would reduce the number of trips generated by the theatre. Theatre Aspen is also proposing to leave the performance tent structure (without the sides and roof), the stage, and the seating up on the site year - round. This will result in fewer truck trips (and thus less impact to the trails) each year for the erection and dismantling of the tent. City Council approved a temporary use permit to allow these items to remain up this winter season. This was done to give the community an opportunity to review what visual impact leaving these items up year -round will have on the park and surrounding areas. In addition, staff requested that Theatre Aspen articulate what signage they would like to have. The sign code does not provide direction on this unique situation, so staff as advised Theatre Aspen to submit a sign plan that will be incorporated into the SPA. A copy of Theatre Aspen's request is in Exhibit E. Page 4 of 8 Finally, Theatre Aspen has indicated that there are certain requirements from the national actor's association that require adequate screening of the actors from the general public. Due to these requirements, Theatre Aspen has requested approval under the SPA for a fence in the "back of house" area during the summer theatre season. The fence is 10 feet in height and approximately 25 feet in length. A site plan showing the approximate location of the proposed fence and a photo of the fence from this past season is attached in Exhibit K. Attached as Exhibit L are two letters from the tent companies Theatre Aspen uses- one who sold the tent and framing to Theatre Aspen and another who assembles and disassembles the tent. STAFF COMMENTS: SPECIALLY PLANNED AREA The Applicant is requesting an amendment to the Rio Grande SPA to construct a permanent lobby structure, and to leave the performance tent frame, stage, and seating up year - round. The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off -site storage. Leaving the performance tent frame, stage, and seats up year -round will eliminate a majority of these trips. The applicant proposes to leave the performance tent frame up, with no covering during the time when the Theatre is not in use (mid- September to mid -May). The regular canvas roof and sides will be removed by mid - September and stored for the winter to avoid weather damage. The frame was designed to withstand weathering. The applicant also proposes that the stage and seating remain on the concrete pad under protective covering. Trips will continue to be required for deliveries of food during the performance season, and the removal of the canvas covering of the tent. Staff Comments: The proposed improvements do represent a visual impact on the park. Staff believes that the new permanent structure will be an improvement to the site by providing a more permanent presence for the theatre in the park, and by creating a "visual cue" for park visitors to walk access the John Denver Sanctuary. Staff suggests that the applicant explore additional design options for the permanent lobby structure, including a flat roof or shed roof form, the use of a different roofing material (like corrugated metal), or a slight difference in height between the lobby and the performance tent. Staff believes more visual interested is needed for this structure. Staff had some concerns with the original proposal to allow the tent frame, stage, and seating remaining on the site year - round. The original proposal would have the framing remain up, with a tarp covering the seating and stage. Staff was concerned that this created a look of incompleteness akin to a defunct construction site. Staff has worked with the applicant to explore other options to address the visual impact the tent frame, stage and seating will cause. Staff supports the revised plans that would provide temporary "walls" around the tent frame to help screen the stage and tent, while providing the feel that the site is not an abandoned construction project. Staff supports the use of these "walls," and supports a basic Page 5 of 8 design/shadowing pattern on the walls to help make the site look more designed and complete (see Exhibit F, page 3). Both Parks and Planning staff are supportive of the improvements because they will result in less wear and tear on the Rio Grande Park. Currently an average of 48 truck trips are generated through the putting up and taking down of the tent and ancillary items each year. This use impacts the trails and the park in general. This proposal will significantly reduce these impact to the park and park users. The applicant has worked with staff on a signage plan that would create a common look for theatre signage. The signage would include two `poster boxes" announcing the shows that will be playing during the season. The boxes could not be used for advertising of anything unrelated to the Theatre. In addition, the applicant had originally proposed a large "marquee sign" that would clearly identify Theatre Aspen. Planning and Parks staff expressed concerns related to this sign because of its height and "urban" feel in a natural park setting. The applicant has agreed to eliminate this large sign and replace it with a more subtle sign on a large rock. Exhibit J illustrates the recommended sign type and location (both from the Parks Department). Staff finds the request meets the SPA review criteria and recommends approval of the request, with conditions. GROWTH MANAGEMENT REVIEW - ESSENTIAL PUBLIC FACILITY The Applicant is proposing to construct a permanent lobby structure that will require a Growth Management Review. The new lobby structure is approximately 1,947 square feet and 24 feet in height. This is approximately the same size as the temporary tent that is used for the lobby from mid -May to mid - September each year. The tent framing, stage, and seating do not require a growth management review. Due to the current existence of a ticketing and concessions area, the applicant does not plan on hiring any additional employees (FTE or full -time equivalent) following the construction of the permanent lobby structure. The applicant has provided documentation of the number of employee /volunteer hours for 2010 and 2011, and what is being proposed for 2012. A FTE (full - time equivalent) is described as an employee who works 2,080 hours per year (40 -hour work week X 52 weeks out of the year). By utilizing this formula, the breakdown of employees for each year is as follows: 2010 24,908 - 2,080 = 11.98 FTE's 2011 25,408 _ 2,080 = 12.22 FTE's 2012 25,249 = 2,080 = 12.14 FTE's The Planning & Zoning Commission determines the number of employees generated pursuant to section 26.470.100.1. Based on this information, and pursuant to Section 26.470.090.4, Growth Management Review: Essential Public Facilities (EPF) of the City of Aspen Land Use Code, the "City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals." Page 6 of 8 The applicant states that the seasonal use of the structure will not generate any new employees. In fact, the hours provided by the applicant show the potential for a decrease in the number of FTE's from 2011 to 2012. The Housing Board has recommended that an employee audit be required to verify that no additional employees are generated from this development. Staff Comments: Staff finds the request meets the Essential Public Facility Growth Management review criteria and recommends approval of the request, with conditions. Specifically, based on comments from the Housing Board, Staff recommends an employee audit be conducted after a year of operation to determine if any new employees have been generated. REFERRAL COMMENTS: Staff from Housing, Parks, Engineering, Fire, Building, Water & Utilities, Sanitation, and Environmental Health reviewed this project. All the comments are attached in Exhibit B. Applicable comments were incorporated into the Ordinance. The original approval in 1995 permitted the tent to be assembled in the park from "mid -May to mid - September" of each year. The Parks Department has requested that the timeframe the tent is up be changed to April through October of each year. This change will enable the Parks Department to better coordinate the seasonal changes and needs of the park. This change has been incorporated into the Ordinance. The Environmental Health Department monitors all noise and food service in the City. They have requested a noise monitoring plan for the site. Theatre Aspen has worked with the department on these in the past, and this condition will formalize the requirement. This requirement has been incorporated into the Ordinance. PLANNING & ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted 4 -0 to approve the request. The Resolution is attached as Exhibit M, and their meeting minutes are attached as Exhibit N. P &Z had some questions related to the construction of the permanent lobby and compliance with the funds used to purchase the Rio Grande Park. The Rio Grande Park was purchased with finds from the Seventh Penny Sales Tax Receipts. The Seventh Penny Fund was rescinded by the City in 1985. At the time the property was purchased, the Seventh Penny Sales Tax was authorized by voters to be used for the payment of food tax refunds, capital improvements and capital expenditures, acquisition of land, payment of indebtedness incurred for such capital expenditures... No Open Space Funds were used for the purchase. The City Attorney's office and City Parks staff have examined the issue and reviewed the relevant documentation and determined that the proposal as outlined by Theatre Aspen does not conflict with the Seventh Penny language. In addition, the Planning and Zoning Commission recommended that the approvals be contingent upon Theatre Aspen's continued location in Rio Grande Park. The Planning and Zoning Commission further recommended that if Theatre Aspen leaves their current location, the Page 7 of 8 approvals become void. These conditions have not been incorporated into the Ordinance, as staff would like to hear from City Council on these issues. RECOMMENDATION: Staff recommends approval of the request with conditions. RECOMMENDED MOTION: "I move to approve the request for an Amendment to the Rio Grande Specially Planned Area and an Essential Public Facility Growth Management Review to allow Theatre Aspen to construct a permanent lobby structure of 1,947 square feet and 24 feet in height and to allow Theatre Aspen to maintain their performance tent framing, stage, and seating year - round, with conditions as noted in Ordinance No. g2, Series of 2011." ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings EXHIBIT B — DRC Comments EXHIBIT C — Application EXHIBIT D — Additional Materials from Applicant (Dated September 9, 2011 — responses to Planning Staff questions and information on employees) EXHIBIT E — Additional Materials from Applicant (Dated October 3, 2011 — site plans and master sign request) EXHIBIT F — Additional Materials from Applicant (visual renderings) EXHIBIT G — Additional Materials from Applicant (Dated October 12, 2011 — responses to additional Planning Staff questions) EXHIBIT H — Ordinance 24, Series 1995 (original approval) EXHIBIT I — Temporary Use approval (Resolution 60, Series 2011 and minutes) EXHIBIT J — Visuals of staff recommended sign changes EXHIBIT K — Site plan and picture of proposed actor's privacy fence EXHIBIT L — Letters from tent manufacturer and assembly company EXHIBIT M - Planning and Zoning Commission Resolution 20, Series of 2011 EXHIBIT N — Planning and Zoning Commission Minutes from November 1, 2011 EXHIBIT O — Public Comment received to date Page 8 of 8 ORDINANCE NO. 38, (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND AN ESSENTIAL PUBLIC FACILITY GROWTH MANAGEMENT REVIEW, FOR THEATRE ASPEN TO CONSTRUCT A PERMANENT LOBBY STRUCTURE AND TO ALLOW THEATRE ASPEN TO MAINTAIN THEIR TENT FRAME, STAGE, AND SEATING ON -SITE DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE SUBDIVISION. Parcel ID 2737 - 073 -06 -851 WHEREAS, the Community Development Department received an application from Theatre Aspen, represented by Charles Cunniffe Architects, requesting approval of a Specially Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review, to construct a permanent lobby structure and to permit the theatre tent framing, stage, and seating to remain on -site year round; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential Public Facility Growth Lodge Management Review; and, WHEREAS, the property is located in the Rio Grande Park and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the.Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on November 1, 2011, Planning and Zoning Commission approved Resolution No. 20, Series of 2011, by a four to zero (4 — 0) vote, recommending city Council approve an amendment to the Rio Grande SPA and an Essential Pubic Facilities Growth Management Review for Theatre Aspen; and, WHEREAS, pursuant to Section 26.440, the City Council may approve a SPA Amendment, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve an Essential Public Facility Growth Management Review, during a duly noticed public Resolution No 20, Series 2011 Page 1 of 5 hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on January _ , 2012, the City Council approved Ordinance No. _ , Series of 2010, by a to ( — ) vote, approving an SPA amendment and an Essential Public Facility Growth Management Review; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Specially Planned Area (SPA) amendment to the Rio Grande SPA, and an Essential Public Facility Growth Management Review. Section 2: Design The permanent lobby structure shall comply with the plan shown at the November 1 s`, 2011 P &Z meeting, and attached as Exhibit A. The tent framing shall be covered with a roof, as weather allows, from April to October of each calendar year. From October to April of etch calendar year, the tent framing shall not be covered with a roof. Temporary sides shall be installed to shield the stage and seating from view. The stage and seating shall be under protective cover and located on the existing concrete pad. This is attached as Exhibit B. Resolution No 20, Series 2011 Page 2 of 5 Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure. Section 3: Menage A revised signage plan reflecting changes discussed with staff and the Planning and Zoning Commission shall be submitted to staff prior to City Council review. This shall include replacing a proposed marquee sign with a less imposing sign on a low -lying rock, as outlined in the P &Z meeting on November 1, 2011 and the staff memo for said meeting. Section 4: Temporary Fencing The temporary fencing shown in Exhibit C shall be temporary, and shall only be erected during the theatre season when theatre performances are conducted and when required by the Actors' Equity Association Small Professional Theatre Rulebook, Sec. 48.A.2 - 4. The fencing shall be constructed in a manner that does not prevent or limit the use of the trash enclosure for trash storage. Section 5: Essential Public Facility Growth Management Review - Affordable Housing Mitigation Theatre Aspen shall conduct an employee audit one year after final City Council approval for the permanent lobby structure. Volunteer hours shall not be included in the audit. Any additional employees that are not a result of the Rio Grande improvements shall be indicated in the report. However, only those employees that are a result of the improvements shall be subject to future mitigation. The Housing Authority shall request the audit from Theatre Aspen. Failure to request the audit shall not render any of the approvals invalid. Theatre Aspen shall provide the Housing Authority and the Community Development Department with the audit report. The Housing Authority and Community Development shall forward the audit to the Housing Board, P &Z and/or City Council for review, as applicable. Section 6: Parks Theatre Aspen shall coordinate all improvements with the Parks Department to ensure they comply with the Parks Department's Master Plan for Rio Grande Park. The applicant shall ensure the site is clean and secure at all times. The applicant shall work with the Parks Department to ensure compliance during the fall and winter months when the tent is taken down each year. Section 7: Environmental Health Theatre Aspen shall undertake a noise monitoring program for its productions to ensure compliance with the City's noise ordinance. The noise monitoring program shall verify compliance with the noise ordinance, by Theatre Aspen staff, before opening night of each production. It shall also include continued monitoring throughout the summer theatre season given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of the Rio Grande Park. The noise monitoring Resolution No 20, Series 2011 Page 3 of 5 program shall be filed with the City of Aspen Environmental Health Department, who may require it to be updated as needed. Concessions at the tent historically have only been pre - packaged, non - potentially hazardous foods, and beverages without ice, due to the fact that Theatre Aspen does not hold a food service license nor have permanent plumbing. For special events serving food held at Theatre Aspen a temporary food permit must be submitted for approval to the Aspen Environmental Health Department prior to the event to ensure the protection of public health. Section 8: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A construction management plan should be submitted as part of building permit. Section 9: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Section 10: Theatre Aspen Lease Within 180 days of City Council approval, Theatre Aspen shall re- execute their long- term lease on the Rio Grande Park to reflect this approval. Section 11: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 12: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 13: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No 20, Series 2011 Page 4 of 5 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 14: A public hearing on this ordinance shall be held on the 9 day of January, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12 day of December, 2011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney EXHIBITS: Exhibit A: Plans for the permanent lobby structure Exhibit B: Rendering of tent framing and screening Exhibit C: site plan indicating location of proposed actor's privacy fence. Resolution No 20, Series 2011 Page 5 of 5 Exhibit A Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: A theatre use is appropriate for the site. Theatre Aspen has been operating in Rio Grande Park since the early 1990s, and recently signed a 10 -year lease with the City to continue operations. Theatre Aspen has been working with the Parks Department to coordinate improvements around the site, including landscaping. The Rio Grande Park Master Plan is being used to guide landscaping improvements, including storm water improvements. Theatre Aspen has also been working with the Parks Department on the physical improvements to the theatre site, including the addition of a permanent structure and leaving the tent framing up on a year -round basis. The Parks Department is supportive of the improvements because they create a permanent presence in the park and a gateway to the John Denver Sanctuary. It will also result in fewer truck trips on the trails due to the yearly tent construction' and tear down. The proposal will have a visual impact on the area. Theatre Aspen has worked with staff to come up with a solution that will minimize the impact. Planning staff has some suggestions for design solutions that may be more appropriate for the site. Staff suggests that the applicant explore additional design options for the permanent lobby structure, including a flat roof or shed roof form, the use of a different roofing material (like corrugated metal), or a slight difference in height between the lobby and the performance tent. Staff believes more visual interested is needed for this structure. See also Review Criteria 4. Staff finds this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off -site storage. Leaving the tent frame, stage, and seats up will eliminate a majority of these trips. Trips Page 1 of 4 will continue to be required for deliveries of food during the performance season, and the removal of the canvas covering of the tent. The Parks Department has requested that the timeframe the tent is erected be changed from "mid -May to mid - September" each calendar year to April through October. This change will enable the Parks Department to better coordinate the seasonal changes and needs of the park. This change has been incorporated into the Ordinance. Staff finds this criterion to be met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. Staff Finding: Theatre Aspen has operated in the same location since the early 1990s. The site is suitable for the continued use of the Theatre. The area is generally flat, and is located out of the stream margin review area. Staff finds this criterion to be met. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Finding: The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off -site storage. Leaving the tent frame, stage, and seats up will eliminate a majority of these trips. Trips will continue to be required for deliveries of food during the performance season, and the removal of the canvas covering of the tent. The Parks Department is supportive of the application because of the significant decrease in wear and tear on the park and trails. There are no protected view plans in the Rio Grande Park. However, the proposed improvements do represent a visual impact on the park. Staff believes that the new permanent structure will be an improvement to the site by providing a more permanent presence for the theatre in the park, and by creating a "visual cue" for park visitors to walk access the John Denver Sanctuary. Staff believes a slight change in the design and/or materials of the structure would provide a more appropriate design for the site. Staff had some concerns with the original proposal to allow the tent frame, stage, and seating remaining on the site year- round. The original proposal would have the framing remain up, with a tarp covering the seating and stage. Staff was concerned that this created a look of incompleteness akin to a defunct construction site. Staff has worked with the applicant to explore other options to address the visual impact the tent frame, Page 2 of 4 stage and seating will cause. Staff supports the revised plans that would provide temporary "walls" around the tent frame to help screen the stage and tent, while providing the sense that the site is not an abandoned construction project. Staff supports the use of these "walls," and supports a basic design/shadowing pattern on the walls to help make the site look more designed and complete. The applicant has also worked with staff on a signage plan that would create a common look for theatre signage. The signage would include two "poster boxes" announcing the shows that will be playing during the season. The boxes could not be used for advertising of anything unrelated to the Theatre. In addition, the applicant has originally proposed a large "marquee sign" that would clearly identify Theatre Aspen. Planning and Parks staff expressed concerns related to this sign because of its height and more "urban" feel in a natural park setting. The applicant has agreed to eliminate this large sign and replace it with a more subtle sign on a large rock (see Exhibit J) Staff finds this criterion to be met. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: The Theatre Aspen use provides arts and cultural opportunities consistent with the Art, Culture, and Education section of the 2000 Aspen Area Community Plan. The proposal will reduce some costs borne by the applicant for the removal of the tent structure each year. This may enable the organization to use more of its resources on programming. The proposal supports general policies and goals in the Parks, Open Space & the Environment section of the 2000 AACP in that it will result in a lessened impact on the trails in Rio Grande Park. In addition, the Civic Master Plan (CMP) was adopted in 2006 as a Regulatory Document that includes sections of the Rio Grande Park. The CMP acknowledges the Theatre Aspen use in the park, but does not speak to any specific design or development requirements for the Theatre. The CMP does discuss the importance of providing gateways to the John Denver Sanctuary and in including storm water improvements in the park. The CMP supersedes the Rio Grande Master Plan from 1993, and any development in Rio Grande Park is no longer evaluated against the 1993 plan. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Staff Finding: The Parks Department has been working on a master plan for the Rio Grande Park for a number of years. The improvements at the theatre Aspen site have provided an opportunity for the Parks Departments to collaboratively work with Theatre Aspen to improve the drainage in the area, and to create another "gateway" to the John Page 3 of 4 Denver Sanctuary. The proposed permanent structure will create a visual cue for visitors to visit the John Denver Sanctuary. (See the second to last page in the application for a copy of the Parks Press Release related to these improvements) The proposal will not require the expenditure of additional City funds. Staff finds this criterion to be met. 7. Whether proposed development on slopes in excess of twenty percent (20 %) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. Staff Finding: There is no development proposed on slopes. Staff finds this criterion to be met. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The applicant has applied for a growth management review for the new permanent structure under the Essential Public Facilities review. There are no specified allotments in the land use code for these types of projects, but the applicant has demonstrated compliance with the applicable review criteria. Staff finds this criterion to be met. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off - street parking spaces and uses and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Staff Finding: There are no specified dimensional requirements for the Rio Grande Park SPA. The proposal will result in 1,947 square feet of new Essential Public Facility space to construct a permanent lobby structure. The tent framing is not considered floor area. Staff finds this criterion to be met. Page Exhibit A Sec. 26.470 Growth Management Quota System. (Review Criteria) Sec. 26.470.090. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and /or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Finding: Theatre Aspen received approval in 1995 for the temporary tent as an essential public facility. Staff believes Theatre Aspen continues to meet the definition of an Essential Public Facility. Staff finds this criterion to be met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: Theatre Aspen states that no additional employees are generated by this approval. The proposal is for a structure that will house existing operations in a more visually pleasing manner, and will be used as storage when the Theatre is not in use from September - May each year. The Housing Board reviewed the proposal, and requested that an audit of employees be done after one year of operation. Planning staff and the Housing Board are not prepared to make a recommendation on the amount of mitigation required at this time, as it is anticipated that no new employees will be generated from this proposal. Staff recommends that if the number of employees has increased due to the development (not general changes to the operation or specific plays shown that season) that Theatre Aspen return to City Council to determine if any mitigation is required. The Planning and Zoning Commission supported this direction. Sec. 26.470.100. Calculations. A. Employee generation and mitigation. Whenever employee housing or cash -in -lieu is required to mitigate for employees generated by a commercial or lodging development, there shall be an analysis and credit for employee generation of the existing project, prior to Page 1 of 5 redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. Applicants may request an employee generation review with the Planning and Zoning Commission, pursuant to Section 26.470.110, Growth management review procedures, and according to the following criteria. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation. In establishing employee generation, the Planning and Zoning Commission shall consider the following: a. The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort economy. Staff Finding: The number of Theatre Aspen employees can change each year based on the various productions. In addition, they use a significant number of volunteers during the performance season. They do not anticipate new employees to be generated based on this development. Staff finds this criterion to be met. b. Any unique employment characteristics of the operation. Staff Finding: Theatre Aspen offices are located off -site in the Red Brick. They have been located there for 10 years, and anticipate remaining there into the future.. Staff finds this criterion to be met. c. The extent to which employees of various uses within a mixed -use building or of a related off -site operation will overlap or serve multiple functions. Staff Finding: Theatre Aspen offices are housed off -site and will continue to be located off -site following the development of the proposal. The off -site operations support the theatre operation. Staff finds this criterion to be met. d. A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. Staff Finding: Theatre Aspen is not proposing to relocate or change the type of business conducted on the site. They operate a theatre and have done so on the site since the 1990s. Staff finds this criterion to be met. e. Any proposed follow -up analyses of the project (e.g., an audit) to confirm actual employee generation. Staff Finding: The Housing Board has requested that an employee audit be conducted after one year of operation to determine if any new FTEs were generated Page 2 of 5 from the project. This requirement has been incorporated into the P &Z Ordinance. Staff finds this criterion to be met. f. For lodge projects only: An efficiency or reduction in the number of employees required for the lodging component of the project may, at the discretion of the Commission as a means of incentivizing a lodge project, be applied as a credit towards the mitigation requirement of the free - market residential component of the project. Any approved reduction shall require an audit to determine actual employee generation after two (2) complete years of operation of the lodge. Staff Finding: Staff finds this criterion to not be applicable. Sec. 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: There is no specified number of allotments for Essential Public Facilities. Theatre Aspen is requesting 1,947 square feet of new Essential Public Facility space to construct a permanent lobby structure. The structure will be used for concessions and ticketing during the Theatre season and will be used as storage during the time the theatre is not in operation (approximately Mid - September to mid -May). Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The Theatre Aspen use provides arts and cultural opportunities consistent with the Art, Culture, and Education section of the 2000 Aspen Area Community Plan. The proposal will reduce some costs borne by the applicant for the removal of the tent structure each year. This may enable the organization to use more of its resources on programming. The proposal supports general policies and goals in the Parks, Open Space & the Environment section of the 2000 AACP in that it will result in a lessened impact on the trails in Rio Grande Park. Page 3 of 5 In addition, the Civic Master Plan (CMP) was adopted in 2006 as a Regulatory Document that includes sections on the Rio Grande Park. The CMP acknowledges the Theatre Aspen use on the park, but does not speak to any specific design or development requirements for the Theatre. The CMP does discuss the important of providing gateways to the John Denver Sanctuary and to including storm water improvements in the park. The CMP supersedes the Rio Grande Master Plan from 1993, and any development in Rio Grande Park is no longer evaluated against the 1993 plan. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: There are no specified dimensional requirements for the Rio Grande Park SPA. The proposal will result in 1,947 square feet of new floor area. The tent framing is not considered floor area. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: Staff finds this criterion to not be applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60 %) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6 — 2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30 %) of the additional free - market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Page 4 of 5 Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ( "voluntary units ") may be deed - restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee /Square Footage Conversion. (Ord. No. 6 — 2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. The Housing Board has requested that an employee audit be conducted after a year of operation. Any mitigation would be reviewed based on the audit and the Essential Public Facilities review. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1) Staff Finding: The Theatre Aspen tent is currently erected each year in mid -May and removed each year in mid - September. This generates approximately 48 truck trips a year on the trails in Rio Grande Park. The permanent structure will eliminate some of these trips by providing storage for ancillary items on -site rather than in off -site storage. Leaving the tent frame, stage, and seats up will eliminate a majority of these trips. Trips will continue to be required for deliveries of food, and the removal of the canvas covering of the tent. Staff finds this criterion to be met. Page 5 of 5 MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, Housing DATE: September 22, 2011 RE: THEATRE ASPEN Parcel ID No. ISSUE: The applicant is requesting approval to build a permanent ticketing/concessions area on the site in the Rio Grande Park. BACKGROUND: The applicant is requesting approval for the aluminum tent frame, the seating and stage platforms to remain up on a permanent, year round basis. There is currently a ticketing and concessions area on the site, but by making it a permanent structure, the applicant will be able to store items during the winter season allowing for less traffic into the area in the spring. Due to the current existence of a ticketing and concessions area, the applicant does not plan on hiring any more employees. The applicant has provided documentation of the number of employee /volunteer hours for 2010 and 2011, and what is being proposed for 2012. A FTE is described as an employee who works 2,080 hours per year (40 -hour work week X 52 weeks out of the year). By utilizing this formula, the breakdown of employees for each year is as follows: 2010 24,908 - 2,080 = 11.98 FTE's 2011 25,408 - 2,080 = 12.22 FTE's 2012 25,249 - 2,080 = 12.14 FTE's Based on Section 26.470.090.4, Growth Management Review: Essential Public Facilities (EPF) of the City of Aspen Land Use Code, the "City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals." The applicant states that the seasonal use of the structure will not generate any new employees. The City Council, under Ordinance No. 24 (Series of 1995), granted Theatre in the Park an exemption from affordable housing mitigation under Section 26.470.090.4. The hours provided by the applicant shows the potential for a decrease in the number of FTE's from 2011 to 2012. Staff would recommend that an employee audit be required in September 2012 to verify the number stated above. If at such time the number is over 12.22 FTE's, the applicant must provide mitigation for the additional FTE's. 3 RECOMMENDATION: The Housing Board reviewed the application at their regular meeting • held September 21, 2011, and recommended approval with the condition that after one year of Certificate of Occupancy, an employee audit be provided to the Aspen/Pitkin County Housing Authority (APCHA), and if the FTE is greater than 12.22, the applicant meet with the APCHA Board to discuss some type of mitigation in the form of a cash -in -lieu fee based on the average of Category 2 and 3 as stated in the Aspen/Pitkin County Employee Housing Guidelines in effect at that time. 2 �✓ 0 MEMORANDUM To: Jessica Garrow, Community Development Department From: Jannette Whitcomb, Environmental Health Department Date: September 7, 2011 Re: Theatre Aspen, Major SPA amendment The City of Aspen's Environmental Health Department has reviewed the referenced land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. AIR QUALITY: The proposed project consists of building a permanent ticketing /concessions area on their current site which will provide winter storage of tent material. Currently, the tent is broken down and the majority is hauled to an offsite storage location. The application did not specify how many trips would be reduced during pre & post production, only that there would be a reduction. Findings: • This project decreases the volume of traffic on streets in and into Aspen during pre & post production of Theatre Aspen by an undetermined number. NOISE: Historically, Theatre Aspen has had difficulties maintaining proper noise levels (50 decibels after 9pm) at the perimeter of the property during performances with amplified music. For the 2011 season a new tent was designed and constructed with aspects to mitigate noise. During the 2011 season, the Aspen Environmental Health Department did not receive any noise complaints related to Theatre Aspen's performances. In addition, Theatre Aspen staff monitored noise levels at various locations along the Rio Grande Park's property line for each production to ensure compliance. It is staffs opinion that the combination of the type of amplified music, the implementation of a noise monitoring plan and the new tent design was the reason for the reduction in complaints. Given the variety of performances with amplified music that Theatre Aspen produces, a permanent noise monitoring program is recommended for Theatre Aspen to ensure continued compliance with the city's noise ordinance. Staff recommends Theatre Aspen also consider concluding performances by 9pm when the type of amplified music could potentially exceed noise limits. Therefore staff recommends the following be added to the SPA approval: 1 C 0 Theatre Aspen incorporates a noise monitoring program for its productions to ensure compliance with the City's noise ordinance. The noise monitoring program shall verify compliance with the noise ordinance, by Theatre Aspen staff, before opening night of each production. It will also include continued monitoring throughout the summer given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of the Rio Grande Park. FOOD PROTECTION: Concessions at the tent historically have only been pre - packaged, non - potentially hazardous foods, and beverages without ice, due to the fact that they do not hold a food service license nor have permanent plumbing. For special events serving food held at Theatre Aspen a temporary food permit must be submitted for approval to the Aspen Environmental Health Department prior to the event to ensure the protection of public health. For details on food safety requirements at temporary food permits contact CJ Oliver at 920 -5008 with the Aspen Environmental Health Department. 2 0 Memorandum Date: September 1, 2011 To: Jessica Garrow, City of Aspen Planning From: Brian Flynn, Parks Department Re: Theatre Aspen SPA 1. There is a request to Amend Ordinance 24, section 2, item 4, speaks of a financial reimbursement if changes to the tent area need to be made on behalf of the Phase II storm water project. Please confirm that Parks Management is supporting this amendment. 2. Theatre Aspen project staff is encouraged to re- evaluate the access roads (trails) into and out of the service area. Considerations should be made for site lines, turning radius, bus stops, curb cuts and possible conflicts with multiple users • C Building and Zoning DRC Comments Building comments 1) The permit issued this spring will need to be extended or the work needs to commence within one year of permit issuance. 2) The overview platform will require guard protection. 3) The applicant needs to provide a plan to secure the site to protect against weather and pedestrian traffic. 4) The emergency access to the tent and through the park will require Fire department approval. Zoning Comments Below, please find our concerns and requests: 1. Provide clear dimensions of existing and proposed square footage/FA with complete with floor plans. 2. Provide existing and proposed elevations. 3. 26.435.040(C)((i) provide survey /plan which illustrates the development does not exceed the delineated height limit from top of slope. 4. 26.435.040(C)((j)lighting plan: please provide specifics for proposed plan. For example, the "party lights medium base stringer, 90'length' it is not evident the light is opaque. Per the site plan the `Iceland 44' are located in the trash enclosure? The lighting schedule has more lights than illustrated by the lighting plan. 5. Proposed and existing signage shall meet current sign code. The proposed clear material of the lobby change the previously compliant signage on the concession and ticket structures. 6. Please provide one site plan to avoid confusion with multiple scenarios. „r” DA CHARLES CUNNIFFE ARCHITECTS September 9, 011 Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 Jessica, Thanks for the questions I have combined our responses which are in italics below. 1. On the Growth Management piece, we need more information about employees. You state that there will not be an increase in employees (FTEs), but there are no figures. Can you provide a more detailed explanation, including how many employees /volunteers are needed for the operation now, how the new space will be used in the future, and how that will impact the number of employees /volunteers. See Pdf attachment for employee breakdown. Though we will be converting part-time cleaners to a new full -time position, the full -time administrative staff will see a drop in the hours that have been devoted to the project thus far. Hence, total employee hours from 2011 to 2012 is a net loss. Please note that these include "staff" only — not our creative personnel such as actors, directors, and designers; the number of these employees and hours are highly variable with programming choices, and programming choices are not affected by the proposed development. This development is a seasonal venue. Also, how do you envision the space being used when there are no shows (i.e. mid -Sept — mid -May when nothing occurs there now)? We do not intend to actively use the space in the off season. If the lobby structure is permitted under this Major SPA application to remain standing year round it will be used for storage of seasonal performance items which would normally be exposeditarped on site. Theatre Aspen would not be operating out of it in the off season. Will it be used as storage? Will you be operating out of it? The existing growth management approval is for a seasonal use, so any increase to a year -round use will impact the growth management review. It may also impact the comments from environmental health about food service if there is food service year- round. See response above. Also, what are the dimensions (i.e. square footage, height, length, width) of the new concessions area? (On a side note, it's not clear from the SPA application that these areas are existing and were part of the original approval, so if you could provide that info as part of your supplemental info that would be helpful.) This application is requesting approval to allow the "Lobby structure" to remain up on a year round basis. The lobby structure houses a free standing ticket booth (64 sq. ft. x 10' high) and a concession booth (192 sq. ft. x 10' high) within its overall enclosure. Both these structures fall within the size and height limitations as outlined under Ordinance No. 24 (series 1995) and the 2011 Lease agreement. The lobby structure is approximately the same size 33' x 59' as the past years lobby tent Its maximum height, which is the top of the cupola is 24' just under the max. height of the previous tent enclosure of 24' -2 3 /. ". All three of these structures along with the performance tent were existing structures on DA • CHARLES CUNNIFFE ARCHITECTS the site previously and had been granted under Ord. 24, the approved Insubstantial SPA amendment and the 2011 Lease agreement to be replaced. 2. The application shows some signage that is larger than what is allowed under our sign code. I know that Claude brought this to your attention during her building permit review earlier this year. If you want to have the signs as depicted, please provide additional information including size and location. We may be able to lump that into the SPA, but before I know for sure we need more info. A detailed signage plan might be helpful. Per Sect. 26.510.100 Sign Allotment- We would like to request the signage allotment increase as stated under item 7. - Lot of 27,000 or more square feet with one building and one 1 tenant shall be granted twenty 20 square feet of signage per applicable frontage The limitations for individual sign size shall match that of Lodge Use signs (26.510.110. E). Given our remote location within Rio Grande Park and that we are the only tenant in this location, we would also like to request an increase to the allowed max. height of a freestanding sign from 6' max. to that which we have illustrated on sheet A3.1, included in the SPA package. This would allow for greater site usage and visibility for this "remote" site location. We will submit a signage package /application for approval prior to the lobby construction. 3. I was walking by the site last week and noticed a large fence that seems to shield the trailers. I have looked through the planning approval and the building permit, and no fence was approved. If you would like a fence we should probably memorialize it in this approval. Please provide information on the fence — its dimensions and purpose. Actors' Equity Association Small Professional Theatre Rulebook, Sec. 48.A.2 -4 states: "Toilets and lavatories shall be...separate facilities from those provided for the audience....Any walkway between the dressing rooms and toilet facilities shall be masked from the view of the audience." The fence is our attempt to comply with this rule. It's approximately 10 feet tall and spans approximately 25 feet. Though originally a union compliance issue, it provides the added benefit of shielding the backstage personnel area from view of the audience, making it a more professional theatre environment for both audience and staff. It is a seasonal structure put up and taken down each season. 4. You make some statements about how leaving the tent frame, stage, and seating up year -round will decrease truck traffic in the area. Can you quantify that? It would decrease the truck traffic in the area in relation to the amount of trucks going to and from the site in mobilizing, assembling and disassembling the tent, stage, seating platform and lobby structure each season. Primary access to and from the site currently is down the pedestrian path between the skate board park and Rio Grande field. We approximate that 48 truck "legs" through the Park would be rendered unnecessary by this approval. This includes 1 truck load to bring the tent frame at the beginning of the season, 1 truck to bring the heavy equipment (forklift) required only to raise the tent frame, approximately 10 trucks to bring the stage and seating in from off site, and then the same numbers in order to remove everything from the site at the end of the season, totaling 48 trips to the site through the Park. Because we are limited by the size of trucks we can bring, this often leads to an increase in the number of trips. There would also be larger equipment i. e. hoists /small cranes needed to © A CHARLES CUNNIFFE ARCHITECTS erect the lobby structure. The City of Aspen Parks Department greatly favors mitigating traffic in this heavily used portion of the park. 5. Will the new sensession- lobby structure increase traffic around the site? This kind of goes back to point 1 — if the space is used year- round, what are the impacts in terms of traffic? No; it will actually decrease traffic — the alternate solution (the temporary lobby tent used in 2011) required 2 truck trips, and the new structure would require none if completed. See response under item 1, no usage during the off season. N N r i ei O 0 N N Z Z Z Z O 0 E E • in O 0 a a w w 2 ✓ IT N e4 J J 0 D D N w LL LL 'L' C N O L J W H 0 w w W w in 0 cc 2 2 z 0 w a O 0 0n 0 * l7 l7 4n a Z Z O CC 0 i CL O < < O i w O > w w N N = t w 0 0 Z O Y cc La c Q 0 G � _ '= x 0 CC r ai 0.1 LIJ al W N r „ Z m w z s Z Z - < < D O u. _ r O 0 m o o a) w O 0 2 N n W ' m m Cr Z to rl N 6 e7 'r a = W N ei ei N w u W Z — > J w > Z 2 0 0 0 m W W o em, o � N Ili u z -J N 0 Ct O 0 O a 1 t = r Z cc a cc W w w W w> w 2 2 r 0 J d w 2 D VI Q N J a J u aC W 0 0 Z O ��// LL a > Yi z J J J 0 5 Q cC Z Z Z Z J N > W O O w 00 < w= = r 0 0 r < w w Z w 0 0 I—• >- in r co es/11ibit E Jessica Garrow From: Will Young <willy @Cunniffe.com> Sent: Monday, October 03, 2011 3:54 PM To: Jessica Garrow; Emily Zeck; Paige Price; Charles Cunniffe Subject: Theatre Aspen P82 submittal drawings Attachments: 0831_E2.1.pdf; 0831 A1.3b.pdf; 0831_A1.1.pdf; 0831_A1.2.pdf; 0831_E1.1.pdf Jessica, Attached are drawings which address the questions asked in the DRC review. As I mentioned recently, Parks has proposed eliminating the overlook deck and substituted stone landscaping steps down to the water's edge. Both Theatre Aspen and CCA are in favor of this as well and I have revised the site plan to reflect this change. Sheets A1.2 & A1.3 are new drawings, A1.2 addresses the FAR and height questions asked and includes a site section reflecting the flood plain question. Sheet A1.3 is our master signage proposal which we feel is appropriate given the remote location and nature of this particular site. I have revised the Electrical drawings per the concerns and questions asked. Regarding the site security issues, Emily met with security company on Friday; definitely installing an alarm system in ticket and concession booths, and possibly a surveillance camera, pending pricing. Should pricing become an issue for the camera surveillance, Theatre Aspen will patrol by foot 3 times /wk. 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' 2 4 '4,', ‘'s. a -. - .0' - 1 :o. , "-- . :. . -,''' A ' ''''... '• ' ' ' - '!' ..,,, I f . 4q1V4,„ !kir oii., ... : ", "• `..., `, ‘1 "-: : . . - '. . 7,; .. ': ..e APHIMER, ....!.,44;:;,‘, . ,. 1 . V.., . l , i ..., ot . ' • , . 4 .... ft , . , ar . : t - i ‘.... . — 4 1 - .e , ....S ' CA ...,_ _. ,. • ., .:._ . ,1- _. .. • r 7 , 4 ,,. #. : ,. ,- • " P . ei:ti:,.: t , p, . ;" ••' '''" : ... :,. .. • lci - 7' o ; • '''' r ... ,,..-. ,-.... ii - . , el*,4* Alt0 * , . .,. • • . • ., • .... . . . - . soC" .... ... . . o ' ' -- - r k , i I • , I'm" Eintuffult Responses from Applicant to Staff Questions, October 12, 2011 1. Please provide more detailed renderings of the site. a. See attached renderings. 2. Please provide more detailed information about why the tent framing cannot be collapsed. Could the seating and stage could simply be moved to the west and then the tent frame collapsed on site. How would this impact the truck trips? Is it even possible? a. Architect: Very difficult if at all possible, the tent frames are raised and lowered using a crane /hoist attached to the frame center /peak which is the center of the tent. Due to building code requirements the engineering & construction of the stage and seating platform required extensive amounts of framing and numerous bolted connections to the concrete slab. It became radically more complex that anything the Theatre had previously installed, unfortunately there is nothing simple about moving it. It was built to building codes which required a very solid sound structure able to resist movement and collapse. We are sensitive to the perceived covering; hopefully the new studies we are creating will present some alternatives. The number of truck trips with heavy equipment use would be greatly increased. b. Applicant: I'll also add that during subsequent conversations with the tent contractor, who assembles and disassembles the tent, he does not recommend attempting it under current conditions, and removing the seating would only be a minimal improvement. Other complications that he did not forsee are the electrical panels and distribution system and their proximity to the tent frame, and whether a crane of the magnitude that we would need could access the site at all. The latter largely depends on Parks' final revisions to the surrounding area, including both weight loads of the entry paths and the quantity of space surrounding the tent in which the crane could operate. 3. The Parks Department expressed interest in leaving the tent up for a slightly longer period than currently permitted. Is this something Theatre Aspen is interested in? a. Architect: Leaving the tent up longer is very problematic as the tent fabric is not rated to carry snow loads, heating it would be costly and not entirely fool proof with regard to snow build up. It might also effect how the building & fire departments view the structures usage. Their current mid -May to mid - September time frame is already somewhat into the "snow" shoulder season. b. Applicant: True, we are definitely not interested in keeping it up in the primary snow season. However, we are trying to find a way to accommodate the Parks departments' wishes, and simultaneously address the off - season aesthetics. I would be interested to know more about what the review process would be, if we were to request permission — which we may or may not utilize year to year, based on weather and other factors — in the lease for earlier assembly and later disassembly. 4. Signage. There were some concerns at a staff level about the amount of signage proposed. The information I have is a bit unclear regarding the specific locations of the free - standing signs. Are 2 needed, or could it be achieved through two smaller free - standing signs? a. Architect: We did not feel the amount of signage was excessive especially given the remote location of the site. The two signs, 33" x 44" were based on the existing sign frame dimensions in which the season's show poster slides into, the locations would be Page 1 of 2 along the bike path around the new bridge and the back of house entrance. They are meant to inform the general public traveling along the bike path as to the upcoming shows. 5. Actor Fence. Please provide an explanation of what would happen if you did not provide a fence in the manner proposed. Are there any other options? Would you lose certain actors or be unable to put on certain performances? Also, could you send us the exact rulebook citation? The citation makes it seem that there are other potential options besides a fence, though a fence might make the most sense. Some additional background would be helpful. a. Applicant: Actors' Equity Association Small Professional Theatre Rulebook, Sec. 48.A.2- 4 states: "Toilets and lavatories shall be...separate facilities from those provided for the audience....Any walkway between the dressing rooms and toilet facilities shall be masked from the view of the audience ". We are open to other suggestions, but we did find that the fence seemed to make the most sense. The only part of the entire site that's hidden from the view of the audience is the north side of the tent, and this space is completely occupied by the dressing room trailers. (And if the trailers relocated, then THEY would be in view, still violating this rule.) If you requested that we add a clause where we would use the minimum amount of fencing necessary to achieve compliance with union regulations, we would happily agree to that. I am not certain whether or not the previous fence size was excessive for our needs. If we were to be found in violation of this rule (compliance on site is checked periodically), it would indeed jeopardize our standing and contract with the union. And yes, the worst possible outcome of that would be to lose our ability to employ union actors, and the production standard of Theatre Aspen would suffer significantly, affecting every single area of our operations. I'm happy to give more details on this if you like. Also, please keep in mind that lack of a fence also exposes the unattractive underbelly of the backstage to the patrons as well — all of our tools and supplies, crew hanging out, etc. This masking is not a requirement for our operations, but it does facilitate a level of professionalism that I believe is expected of us by our patrons and the community. Page 2 of 2 151( t 1 ORDINANCE N0.24 a (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE ASPEN: THEATRE IN THE PARR AN AMENDMENT TO,THE RIO GRANDE FINAL SPA DEVELOPMENT, FINAL SPA PLAN APPROVAL, AND GROWTH MANAGEMENT EXEMPTION FOR THE PURPOSE OF YEARLY CONSTRUCTION OF THE THEATRE TENT AND THEATRE PRODUCTIONS AT THE CITY -OWNED RIO GRANDE PARK IN THE CITY OF ASPEN, PITRIN COUNTY, COLORADO. WHEREAS, the Rio Grande Master Plan and SPA Development Plan were approved in 1993; and WHEREAS, the Planning Director did receive from the Aspen Theatre in the Park (Applicant) and has reviewed and recommended for approval an application (the "Plan ") for an amendment to the Rio Grande SPA Final Development Plan, Final SPA Development Plan, and Growth Management Exemption for an Essential Public Facility to undertake its yearly tent construction and theatre production at the area historically used for this purpose; and d ill WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24- 6- 205(A)(5) of the Municipal Code and did conduct a public hearing thereon on May 2, 1995; and WHEREAS, upon review and consideration of the plan, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 8 of Article 7 (Specially Planned Area) and Division 1 of Article 8 (Growth Management Exemption) the Planning and Zoning Commission has recommended approval of the Aspen Theatre in the Park's amendment to the Rio Grande SPA Final Development Plan and exemption from growth management competition and mitigation subject to conditions, • 1 to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds all applicable development standards and that the approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24 -7 -804 B. of the Aspen Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the Plan's SPA development component: 1. The Applicant's final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The Plan is compatible with and enhances . the mix of development in the immediate vicinity. 3. Sufficient public facilities exist to serve the development. 4. The parcel is generally suited for development considering topography and natural hazards. 5. The Plan employs land planning techniques to limit impacts to the environment and provides public and private amenities. 2 6. The Plan is in compliance with the Aspen Area Community Plan. 7. The Plan does not require the expenditure of public funds for the subject parcel or the neighborhood. 8. No development is proposed on slopes of 20% or greater. 9. No GMQS allocations or exemption are necessary for the Plan except for as approved within this ordinance. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants SPA Final Development Plan amendment approval for the Aspen Theatre in the Park subject to the following conditions: 1. All parking, handicap parking and handicap parking dropoffs will be consistent with the Rio Grande Master Plan as adopted by City Council. 2. Prompt clean -up of the site after each summer season is required. No storage of materials is allowed on the site in the off season except for the tent structure, under protective cover. Materials and props stored on site shall be kept out of view in accordance wiht a landscaping plan including fencing if necessary to be approved by the Community y Development Director with the ablility of Council to review if it is not working. 3. The tent will be erected in mid May and removed in mid September of each year. 4. The amended Rio Grande SPA Development Plan shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the amended SPA Development Plan within a period of one hundred and eighty (180) days following approval by the City council shall render the PUD Plan approval invalid and reconsideration and approval of both by the Commission and City Council will be required before their acceptance and recording, unless an extension or waiver is granted by City Council for a showing of good cause. 5. Any overhead utility wires shall be undergrounded by the applicant within three years. The applicant shall work with the Parks Department on and appropriate digging schedule. Section 3: Pursuant to Section 24 -8 -104 (C)(1)(b)(i -iii) of the Municipal Code, the City Council finds as follows in regard to the 3 Applicant's request for Growth Management Quota System development III exemption for essential public facilities: 1) The Applicant's annual tent construction is essential for their continued use of the Rio Grande property. 2) The programs and activities sponsored and or hosted by the Applicant at the Rio Grande facilities have historically provided cultural enrichment to the citizens of the City, of Aspen without which the City would not have attained its present character. Furthermore, the Applicant's programs have served and continue to serve important community needs and continuation of same will only enhance their value and accessibility to the citizens of the City of Aspen and the general public. 3) The Applicant's proposed development involves essential public facilities, will enhance existing essential public facilities, and is not - for - profit in nature. Section 4: Pursuant to Section 24 -8 -104 (C)(1)(b)(i -iii) of the Municipal Code, and the findings set forth in Section 6 above, the City Council awards and grants growth Management Quota System development exemptions from competition and affordable housing impact mitigation for the theatre tent and normal accessory uses of the tent on the basis that such development is for essential public facilities. Section 5: All material representations and commitments made by the developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 6: This Ordinance shall not affect any existing litigation III and shall not operate as an abatement of any action or proceeding 4 III now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 9: A public hearing on the Ordinance shall be held on the y day of, 1995 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 15 day of `)--f 2 , 1995. Attest: GGeor 4 h1dtt / z) e, .(, Minor W rot 1 Kathryn Koch, City Clerk 5 FINALLY, adopted, passed and approved this °a day of ', 1995. Akt A St: (zee rattan waMaItla{q Matey Pvo Tett" Kathryn 7 Koch, City Cler 6 vi. RESOLUTION NO. 60 (Series of 2011) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO THEATRE ASPEN TO KEEP THEIR TENT FRAME, STAGE, AND SEATING CONSTRUCTED DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GANDE PLACE, CITY OF ASPEN, COLORADO Parcel ID 2737 - 073 -06 -851 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Theatre Aspen, has submitted an application for a Temporary Use Permit to keep their tent frame, stage, and seating constructed at Rio Grande Park, 505 Rio Grande Place; and, WHEREAS, the Applicant has approval to maintain a seasonal tent from mid -May to mid - September and accessory structures in Rio Grande Park for theatre performances; and WHEREAS, the Applicant has a long term lease with the City of Aspen to maintain their seasonal tent and accessory structures; and, WHEREAS, the Applicant requests approval for a Temporary Use Permit to keep the tent frame, stage, and seating up during the interim time when their season ends (mid- September) and when the City can review a Major SPA Amendment to the Rio Grande SPA and associated reviews; and, WHEREAS, Community Development Department reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use will not adversely impact the neighborhood; and WHEREAS, City Council conducted a duly noticed public hearing on September 12, 2011; and, WHEREAS, City Council has reviewed and considered the temporary use request under the applicable provisions in the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standards; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Resolution No. 60, Series of 2011 Page 1 of 2 Section 1: In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Theatre Aspen a Temporary Use Permit to maintain the tent framing, seating, and stage on Rio Grande Park, with the following conditions: 1. The temporary use is valid from September 15, 2011 to that time in which the City Council reviews and votes on the pending Major SPA Application and associated reviews, but shall last no later than May 15, 2012. 2. If the City Council denies the pending SPA Amendment, the tent framing, stage, and seating shall be removed by the Applicant no later than May 15, 2012. 3. The tent framing shall not be covered. 4. The stage and seating shall be under protective cover and located on the existing concrete pad. 5. All material representations made in the application and in the hearing by the Applicant and the Applicant's representative shall be considered conditions of approval, unless amended by other conditions. 6. Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure during the temporary use. Section 2: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED, September 12, 2011, at a public hearing before the City Council of the City of Aspen, Colorado. • */ I� / So-to -2ade Michael C Ireland, ayor . ' ttorcester, City Attomey ATT :T: kilt J. Kathryn S. Koc/ ity Clerk Resolution No. , Series of 2011 Page 2 of 2 Regular Meetin¢ Aspen City Council September 12, 2011 • yor Ireland moved to adopt Ordinance #28, Series of 2011, on first reading; seconded by Co • oilman Frisch. Roll call vote; Skadron, yes; Torre, yes; Frisch, yes; Mayor Ireland, yes. Moti. ' carried. ORDIN • E #29 SERIES OF 2011— Electric Fees Councilman Torre • oved to read Ordinance #29, Series of 2011; seconded by ayor Ireland. All in favor, motion • . 'ed. Councilman Johnson returned to Council tabl - ORDINANCE #29 (Series of 2011) AN ORDINANCE OF THE CI COUNCIL OF THE CITY • ASPEN, COLORADO, AMENDING TITLE 25, UTILITI : , OF THE MUNICIP ODE OF THE CITY OF ASPEN TO AMEND SECTION 25.04.040, ECTRIC SERVIC TES; AND TO ADD NEW SECTIONS 25.04.130 AND 25.16.100 BILLING ERR• ' S was read by the city clerk Dave Hombacher, utility department, remin. ed Co • it in 2009, they decided to not have a rate adjustment given the economy. In 2010, the c' t •ntracted a rate study to look at the effectiveness of the implementation of tiered -ra - and a 2011 adjustment. The study in 2011 looked at the cost of service and a series of r. - alt_ atives. This ordinance is based on a cost of service model including a transition over 4 • 6 years. There are proposed adjustments to the tiers where the higher users will have in . eased energy . tes. Mayor Ireland said the city cannot s • sidize people's elec ity and has to charge what it costs. Councilman Frisch said an issue i ow long it will take to ge p to full cost recovery. Hombacher said there is a table plaining the rate adjustment • each class of service, residential, commercial — lar: - and small and city facilities. Mayor Ireland moved to . ' opt Ordinance #29, Series of 2011, on first . - ading; seconded by Councilman Frisch. Councilman Skadr* asked about energy conservation incentives and how th tier structure encourages that. • ombacher said there are 4 tiers within residential which v. based on the size of service . residential customer using a small amount of energy pays a sma er amount/unit of energy. P e amount charged increases with the amount of energy used. Counci I• an Johnson asked if • rates should increase when the MEAN rates increase. John Worcester, ci attorney, said the ates have to be reasonable to all consumers and the city could tie the rates to in eases of M FAN to the city for their electricity. ' ell call vote; Torre, yes; Johnson, yes; Skadron, yes; Frisch, yes; Mayor Ireland, yes. Motio carried. RESOLUTION #60, SERIES OF 2011— Temporary Use Theatre Aspen 6 Regular Meeting Aspen City Council September 12, 2011 Jessica Garrow, community development department, told Council Theatre Aspen has permission to erect a tent from mid -May to mid - September annually on the Rio Grande. Ms. Garrow said there were amendments to the plan this year to allow them to replace the tent and make minor site changes. Theatre Aspen has applied for a major SPA amendment to allow for a permanent lobby structure and to allow for the tent frame, stage and seating to remain up year round. This amendment is going to P &Z in October. Because of the timing and the requirement that the tent come down by mid - September, Theatre Aspen has requested a temporary use approval to allow the tent frame, stage and seating to remain up this winter. Staff recommends granting this temporary use request. It will have a visual impact and this will enable the staff and public to see what this will look like if the SPA amendment were approved. Ms. Garrow said this meets the criteria for temporary use. Ms. Garrow proposed two changes to the resolution; the date for the temporary use should be extended to May 15, 2012, rather than March 15 as it would be difficult to remove a structure in March; and an addition to provide periodic security check of the site to make sure the site is safe. Councilman Torre said it seems as if Council approved something and now they are being asked to extend those approvals to something else. Ms. Garrow reminded Council at a work session in January 2011, staff went over the lease agreements and the SPA amendments. Those amendments are just being processed; there has not been any change since the January work session. Councilman Skadron asked if this application honors the intent of Council's previous approvals. Ms. Garrow said there have been no land use approvals in 2011; there were changes to the lease and minor administrative amendments allowing Theatre Aspen to replace the canvas on the tent. Ms. Garrow said this request reflects what was discussed in a work session in January 2011. Councilman Skadron asked if Theatre Aspen is moving towards a permanent theatre structure. Emily Zack, representing Theatre Aspen, told Council they want to remain seasonal and this is an attempt to make seasonal arrangements work logistically. There is a lot of disruption and truck traffic at the site erecting and taking down the tent every year. Ms. Garrow said the parks department will provide changes as part of the SPA amendment and they have been working with Theatre Aspen. Councilman Skadron said he would like to know the history of Theatre Aspen; this seems like mission creep. Ms. Garrow said the theatre has had a presence in the park since 1989 originally in a circus tent. Since 1995 Theatre Aspen has been operating the same way, under an approved SPA agreement. Last year, Theatre Aspen received an amendment to the SPA to allow replacement of the tent and the entrance to the tent was flipped to ease impact on the trails. The size of the tent has not changed since 1995. Councilman Skadron said he would like to see the Rio Grande SPA. Councilman Johnson said he likes the idea of looking at this before approving it long term; the community may not want to see a skeleton throughout the winter. Councilman Johnson asked what is involved in taking the tent down and what the impacts to the park are. Ms. Grow told Council staff wants to look at the skeleton to see if it meets the criteria of an SPA amendment and to see the impact on the park. Mayor Ireland opened the public hearing. David Kudish asked how much it costs to take down and put the tent up without the environmental costs. Emily Zack said it is about $50,000 /year. Kudish noted the skeleton at 7 Regular Meeting Aspen City Council September 12, 2011 Stage I1I was not attractive to neighbors and the public. Kudish said people come from out of town to go to the Theatre Aspen, which is very professional, and this helps increase the taxes. Junee Kirk said this amendment has not gone to P &Z and has not been viewed by the neighbors. Ms. Kirk said there will be visual impact on neighbors from above the site. Mayor Ireland closed the public hearing. Mayor Ireland said this is a request for a temporary use so that people can see what the structure would look like throughout the winter. Mayor Ireland asked staff about the temporary steel structure over the James E. Moore pool and what the experience with that was. Mayor Ireland said the tent is not staying up, just the framework. Councilman Torre said he feels like the approvals Council has granted to help Theatre Aspen has ended up costing them more money and is a greater entitlement than Council anticipated. Councilman Torre said this feels like the applicants are asking for approval to do something but first they want to do it. This seems like a test scenario. Councihnan Torre asked if there is a more discrete way to store the tent on site than is being proposed. Councilman Frisch stated he supports trying to come up with a different solution; however, he also supports giving this a one year trial. Councilman Johnson stated that P &Z will see this at the SPA amendment. Councilman Johnson said this is a test and he can support this test. Mayor Ireland said he will support this as the erecting and taking it down costs will not have to be spent. Councilman Johnson moved to approve Resolution #60, Series of 2011, amending the date to May 15 and adding a (6) that the applicant will provide reasonable security checks; seconded by Mayor Ireland. Councilman Skadron stated he would like other options explored. It is Council's responsibility to consider the community comprehensively. Councilman Skadron said he feels there is a danger in allowing incremental step process and that this lack the appropriate caution. Councilmembers Frisch and Johnson and Mayor Ireland in favor; Councilmembers Torre and Skadron opposed. Motion carried. • i NANCE #25 SERIES OF 2011 Aspen Chance Subdivision Amendment Amy Guthrie, commum • - velopment department, told Council the • hance subdivision is located off Ute Avenue. This ' - 7 parcel subdivision; the - re no affordable housing requirements. The approval allowed up • lots to h. aretaker units. This parcel has a category 3 unit which was occupied for so - . e property owner is requesting to pay cash -in -lieu fee to be allowed to re • • t e unit from - - • e. Ms. Guthrie said this is a one bedroom unit accessed dire 1 e kitchen of the main house. •tchen for the caretaker unit will have to be re s• : • so that it does not become a separate unit. M • : reland opened the public hearing. There were no comments. Mayor Ireland c • . • the public hearing. 8 hoV 3 00 1, • .. . l . . . ....- - • N -‘-* CVIr i t 1 .. k 4 -■ ..,..'.* 1 " ..,,... .,,, • , 1 " -e• •-• ,. - ......`it .. _ ` l'41 ',at :) ' N. e...10.. , , ;`;' , :,..14 -.:1s, , -. I, ...A.,:`,. ',"', J '',.." . • , , ' .-- • • - ....W. 4 * 1.''' - i , ' • ' ' ‘l e; ., ''''''‘ 0' ' f(t \ t . \ ' A -.. 1/4 :.' '-- - ..: ' .: -' .=. . 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I ti .* . > ' t 1 73 4' w ' i h 4 ' IIFF 4 . ,006,41( cf • 4 ir. • iii I • 11 , , ." tp, r ../ ..., , 1 q A I ' : I ' I • • A. ' 011101. i a ) • fa. • li , f 4 - i ., T ''‘.. t. ' • t ) iA74 .1 k ' • i , :. . .; i •-pi 1 , 1* 1, ' i ' ' . 0 / _ . Vitnwrr L.. 3120 E. Washington Street Phoenix, AZ 85034 GL B CLEARSPANS • October 26, 2011 To whom it may concem: I am the owner of Global Clearspans, Inc., a company that specializes in assembling and disassembling Losberger tents. I was contracted by Theatre Aspen to erect their new tent last May, with plans to disassemble it in September. However, as the summer progressed, we began to have serious concems about the disassembly. First, we were under the impression that we would have unobstructed access to the concrete pad as we did when the tent was erected, so that we would be able to drive a forklift around the interior of the tent. I understand for a variety of reasons that this is no longer the easiest route to take. The only other option is to have a crane onsde with a reach of 150 -200ft that would weigh approximately 60,000 pounds. From what I understand through conversations with Emily, getting a crane of this magnitude on site will be a real challenge, if it's possible at all. It would need to be positioned at the lobby end of the tent, so that the beams can be set in the larger area in the back as they come down. After the temporary construction access road is gone, I'm not aware of any way to access the site with this kind of heavy equipment. In addition, I have significant reservations about the working conditions that this would create for my crew. If we tried to disconnect the frame around the structure and bring it down with a crane, there are connections on top of the frame that would require manual attention, which means rigging and hamessing the crew to climb on the tent frame itself. Though this is possible, I have to strongly advise against it; it would be not only dangerous for us, but very costly for Theatre Aspen due to the time and care it would require. For these reasons, I recommend that you support Theatre Aspen in their attempt to leave the tent frame up year- round. While it might mean losing an annual contract for us, I believe it's in our and Theatre Aspen's best interests. Regards, D. Todd Barrett Vice President LO- ER Losberger US, LLC 200 Monroe Ave. Suite 2A Frederick, MD 21701 301/682 -8000 www.losberoerus.com October 25, 2011 To Whom It May Concern, I had the pleasure of selling Theatre Aspen its new tent this year. As manufacturer of the tent, Losberger US, LLC worked closely with Emily Zeck and the Theatre Aspen team starting from the original design of their new tent venue all the way through to my attending the installation of the tent this spring on location in Aspen. I have now been asked to express an opinion on the viability of having it completely dismantled every autumn and re- installed each spring. All Losberger tent structures are designed to be portable, allowing them to be installed and dismantled fairly easily by a competent tent contractor. Most of Losberger's customers are rental companies that purchase this type of engineered tent structure for use at different locations for events, but Theatre Aspen is considered an end user because it uses the tent only at one location. The tent has design modifications to accommodate the theater's unique needs as a seasonal theater, including the use of larger beam profiles to handle hanging loads, side overhangs and unique lobby doors as examples of those. These modifications contribute toward making Theatre Aspen's tent structure more complicated to erect and dismantle. We are advised that now, crane access to the site is restricted which even further complicates erection and dismantling of the framing system. All of the challenges presented by the new tent were not possible to anticipate but Losberger understands that its tent allows Theatre Aspen to do things they have never done before. Site specific complications for removal and re- installation that have arisen subsequent to the initial installation are significant. Understanding them now, it would be prudent to avoid these lengthy, difficult, and potentially dangerous installation and dismantling operations twice every year if at all possible. 1 have also read the opinion letter from Todd Barrett of Global Clearspans on this subject. As Losberger's highly experienced and authorized tent contractor / dealer, he is very well qualified to render such an opinion about the installation and dismantling of this tent frame at Theatre Aspen. I strongly suggest that his well- considered opinion be followed. If I can be of further assistance, please feel free to contact me. Sincerely, David A. MacArthur (digitally signed) David A. MacArthur Losberger US National Sales Manager dmacarthur8 losbergerus.com EXhirtM RESOLUTION NO. 20, (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND AN ESSENTIAL PUBLIC FACILITY GROWTH MANAGEMENT REVIEW, FOR THEATRE ASPEN TO CONSTRUCT A PERMANENT LOBBY STRUCTURE AND TO ALLOW THEATRE ASPEN TO MAINTAIN THEIR TENT FRAME, STAGE, AND SEATING ON -SITE DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE SUBDIVISION. Parcel ID 2737 - 073-06 -851 WHEREAS, the Community Development Department received an application from Theatre Aspen, represented by Charles Cunniffe Architects, requesting approval of a Specially Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review, to construct a permanent lobby structure and to permit the theatre tent framing, stage, and seating to remain on -site year round; and, WHEREAS, the Applicant requests a recommendation by the Nanning and Zoning Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential Public Facility Growth Lodge Management Review; and, WHEREAS, the property is located in the Rio Grande Park and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on November 1, 2011, Planning and Zoning Commission approved Resolution No, 20, Series of 2011, by a four to zero (4 — 0) vote, recommending city Council approve an amendment to the Rio Grande SPA and an Essential Pubic Facilities Growth Management Review for Theatre Aspen; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the Resolution No 20, Series 2011 Page 1 of 5 development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and the Civic Master Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Specially Planned Area (SPA) amendment to the Rio Grande SPA, and an Essential Public Facility Growth Management Review. Prior to City Council review, the City of Aspen and the Applicant shall determine if 6 and / or r Penny funds were used to purchase the land on which Theatre Aspen resides. If either of these funds were used, the City Attorney will review whether a change in the theatre use to include the lobby structure complies with the ballot language approving those funds, and whether such change is in compliance with the City charter. These findings shall be presented to City Council during their review. The Planning and Zoning Commission recommends the approvals contained herein be contingent upon Theatre Aspen's continued location in Rio Grande Park. The Planning and Zoning Commission further recommends that if Theatre Aspen leaves their current location, the approvals herein become void. Section 2: Design The permanent lobby structure shall comply with the plan shown at the November 1 2011 P &Z meeting, and attached as Exhibit A. The tent framing shall be covered with a roof, as weather allows, from April to October of each calendar year. From October to April of each calendar year, the tent framing shall not be covered with a roof. Temporary sides shall be installed to shield the stage and seating from view. The stage and seating shall be under protective cover and located on the existing concrete pad. This is attached as Exhibit B. Theatre Aspen shall provide a security check of the site at least three times per week to ensure the site remains safe and secure. Section 3: Signage Resolution No 20, Series 2011 Page 2 of 5 A revised signage plan reflecting changes discussed with staff and the Planning and Zoning Commission shall be submitted to staff prior to City Council review. This shall include replacing a proposed marquee sign with a less imposing sign on a low -lying rock, as outlined in the P &Z meeting on November 1, 2011 and the staff memo for said meeting. Section 4: Temporary Fencing The temporary fencing shown in Exhibit C shall be temporary, and shall only be erected during the theatre season, but no longer than from mid -May to mid - September each year. Before City Council Review, the applicant shall determine the minimum dimensions required to comply with the Actors' Equity Association Small Professional Theatre Rulebook Sec. 48.A.2 -4. The fencing shall be constructed in a manner that does not prevent or limit the use of the trash enclosure for trash storage. Section 5: Essential Public Facility Growth Management Review - Affordable Housing Mitigation Theatre Aspen shall conduct an employee audit one year after final City Council approval for the permanent lobby structure. Volunteer hours shall not be included in the audit. Any additional employees that are not a result of the Rio Grande improvements shall be indicated in the report. However, only those employees that are a result of the improvements shall be subject to future mitigation. The Housing Authority shall request the audit from Theatre Aspen. Failure to request the audit shall not render any of the approvals invalid. Theatre Aspen shall provide the Housing Authority and the Community Development Department with the audit report. The Housing Authority and Community Development shall forward the audit to the Housing Board, P &Z and/or City Council for review, as applicable. Section 6: Parks Theatre Aspen shall coordinate all improvements with the Parks Department to ensure they comply with the Parks Department's Master Plan for Rio Grande Park. The applicant shall ensure the site is clean and secure at all times. The applicant shall work with the Parks Department to ensure compliance during the fall and winter months when the tent is taken down each year. Section 7: Environmental Health Theatre Aspen shall undertake a noise monitoring program for its productions to ensure compliance with the City's noise ordinance. The noise monitoring program shall verify compliance with the noise ordinance, by Theatre Aspen staff, before opening night of each production. It shall also include continued monitoring throughout the summer theatre season given background noise levels may vary. Noise level readings shall be taken at multiple locations along the property line of the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen Environmental Health Department, who may require it to be updated as needed. Resolution No 20, Series 2011 Page 3 of 5 • Concessions at the tent historically have only been pre - packaged, non - potentially hazardous foods, and beverages without ice, due to the fact that Theatre Aspen does not hold a food service license nor have permanent plumbing. For special events serving food held at Theatre Aspen a temporary food permit must be submitted for approval to the Aspen Environmental Health Department prior to the event to ensure the protection of public health. Section 8: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A construction management plan should be submitted as part of building permit. Section 9: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Section 10: Theatre Aspen Lease Within 180 days of City Council approval, Theatre Aspen shall re- execute their long- term lease on the Rio Grande Park to reflect any changes that result from said approvals. Section 11: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 12: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 13: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1st day of November, 2011. • Resolution No 20, Series 2011 Page 4 of 5 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: mes R. True, Special Counsel Stan Gibbs, Chair /1 -7 ZD / j ATTEST: ckie Lothian, Deputy City Clerk EXHIBITS: Exhibit A: Plans for the permanent lobby structure Exhibit B: Rendering of tent framing and screening Exhibit C: site plan indicating location of proposed actor's privacy fence. 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'... -.t...,,I,,,,I.......- ..., 0 I., . -,.-. • , . . _ .1.,. ., .. . . ., , -..-..\,..„ __.,-,.,.,-, , -.‘(,\\ _ .... ‘,. , .-,v,,\,..,,,, TA ?: ,"- — - 7%Z. -- •,:r.a-,--:"--- • I. t. A ' cn a )- cn w CI- cx < ui C-1. a- Cf) < CI ' i')- _ — ►ibit N City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011 Comments 2 Minutes 2 Conflicts of Interest 2 Theatre Aspen, Rio Grande Park — SPA Amendment 2 1 City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011 Stan Gibbs opened the regular meeting November 01, 2011 of the Planning & Zoning Commission in Sister Cities at 4:40. Commissioners present were: Cliff Weiss, LJ Erspamer, Jasmine Tygre and Stan Gibbs. Commissioners excused were Bert Myrin and Jim DeFrancia. Staff in attendance: Jim True, Special Counsel; Jennifer Phelan, Jessica Garrow, Community Development; Stephen Ellsperman, Parks; Jackie Lothian, Deputy City Clerk. Comments: Jennifer Phelan noted there was a scheduled meeting for December 20 and asked the commission if they wanted to meet the Tuesday before the holiday. The commission wanted to cancel the meeting. Jessica Garrow said the other item was not on the schedule, next Tuesday November 8 at the Library for the AACP and are hoping to wrap up the AACP on the 15` Minutes: MOTION: Cliff Weiss moved to approve the minutes from October 04, 2011; seconded by LJ Erspamer. All in favor APPROVED 4 -0. Conflicts of Interest: None stated. PUBLIC HEARING: Theatre Aspen, Rio Grande Park — SPA Amendment Stan Gibbs opened the public hearing for Theatre Aspen in the Park. Stan Gibbs asked if notice was provided. Jessica Garrow replied yes and she will give it to Jim True when he gets here. Jessica asked the applicants to come up to the table. Charles Cunniffe, Emily Zeck and Paige Price came to the table. Jessica Garrow stated there was an additional exhibit, a letter from Walt Madden, which will be Exhibit M.1. Jessica explained this was a hearing for Theatre Aspen requesting an SPA Amendment for the Rio Grande Park as well as a Growth Management Review for Essential Public Facilities; the Rio Grande Park is owned by the City and Theatre Aspen has a long term lease with the City for the portion of the park that the Theatre resides in. Jessica provided a brief history that Theatre Aspen has operated in Rio Grande since 1989; in 1995 they received Council approval for a performance tent and ancillary structures; part of that approval was allowing the tent to be assembled in mid May and disassembled in mid September. In early 2011 there was a minor SPA Amendment to replace the existing tent, 2 City of Aspen Planning & Zoning Meeting — Minutes November 01.2011 because the tent had been there for 14 or 15 years and needed to be replaced. Jessica said essentially the entrance was flipped and to replace some of the ancillary structures on the site. In September of this year Council granted a temporary use approval to allow the tent frame, stage and seating to remain on site in the winter and this a test case for P &Z, staff, City Council and the public to see what it would look like if it were given a permanent approval was given through this SPA Amendment to allow for that tent framing to remain up. Jessica said today the Planning & Zoning Commission is reviewing an SPA Amendment and Growth Management Review for Essential Public Facilities for a new permanent lobby structure for approximately 1,947 square feet and 24 feet high; the ability to set the tent frame, stage and seating up on site essentially year round. Allowing the tent to be fully erected between April and October; allowing a new signage plan for that area and creating a temporary fence that is about 10 feet high and 25 feet in length to screen the actors in the back of house area and that is pursuant to the Nation Actors Association requirements that require separation between actors and the public. Jessica noted that P &Z is a recommending body to City Council on both of these reviews. There was a site visit today and LJ and Cliff from P &Z attended. Staff is recommending approval with conditions. The new permanent structure will create a clear presence in the Park for Theatre Aspen and will provide a better connection and visual cue to the John Denver Sanctuary; this proposal really ties into some of the master plan work that the Parks Department has been working on in terms of storm water improvements and improvements to the John Denver Sanctuary. Jessica said that staging the seating year round will decrease the wear and tear on the Park that is created under the current situation. The assembling and disassembling the structure creates about 48 truck trips which is significant on use on the park and leaving this tent frame up will significantly decrease the number of trips that are generated and decrease the wear and tear to the park. Staff believes this will create a low visual impact on the park and has suggested some design considerations for the applicant to explore and those are incorporated in the resolution. Staff has gone through this process with the applicant who has been very receptive to the suggestions. Jessica said the resolution asks the applicant to look at a different roof form for the permanent structure, just to give a little differentiation there; and looking at the height to create some differentiation between the mass that is the tent frame and the structure as well as different material usage for that structure. Staff is recommending the use of panel siding on the side of the tent frame to help screen the stage and seating and helps make the 3 City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011 site look like it is not under construction year round; page 39 in your packet is what it could look like. Jessica said staff is supportive of the signage plan on page 34 of the packet and on page 49. Staff has asked the applicant to look at the fence in terms of height and length and staff would like to have the fence minimized as much as possible while still meeting the National Actors Association requirements. Jessica said that in terms of employee generation the housing authority has requested an audit be conducted after a year of operation to verify the number of FTEs generated through this proposal; Theatre Aspen said no employees will be generated from this and the audit would confirm that. Jessica said that it would come back to staff and go to the housing board and figure out the number of employees generated and likely go to City Council to determine the mitigation. Jessica said that staff learned yesterday that Theatre Aspen and the Parks Department are interested in exploring the possible use of the permit lobby structure for occasional special events, like weddings. Staff has made amendments to the Resolution and distributed a red -lined version; Section 2 added language to work with Parks to determine what that looks like and then it would be part of Council's review for the SPA Amendment. Jessica said that Jeff Woods, Parks Department Head, could not attend tonight but supported the applicant. Cliff Weiss asked what kind of Special Events; are you talking about in the summer when it is not used by the Theatre and how does the Theatre operation work with that. Jessica replied that she would give the applicant the opportunity to present the idea there. Cliff asked if special events were from the applicant and not parks. Jessica responded it was not from planning staff; the applicant and parks can comment on it. Charles Cunniffe stated that they were open to the idea but it was not generated by them; parks was the looking to possible extending the use down there but they do not want that to encumber their application. Charles said they were strictly here in the interest of Theatre Aspen and its own use. Stephen Ellsperman said that as they were talking about the opportunities might be since the facility and the cover will be on during times when the theatre is not operating for productions; they were wondering what opportunities might be to use those areas. Jessica said this language was really to allow for that exploration. LJ Erspamer asked Mr. True if this portion should have been noticed if they want to do special events. Charles responded again that was not their intent. Jessica stated that they noticed for the specific land use reviews and this would fall in the purview of the 2 land use reviews that were noticed. Jim True agreed with that. 4 City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011 Stephen said he didn't know how this got into the format of this discussion; this is something that would take some time to review. Charles said they were not trying to add it into our review application and do not want it to be the subject tonight. Jasmine Tygre said that if the public knew that special events might be part of this land use application there might be more people present. LJ asked how long the lease with the city was. Emily Zeck replied 10 years signed last January. LJ asked when the theatre was started did they mitigate for employees. Jessica responded when they got the approval in 1995 they were reviewed as an essential public facility and mitigation appears to have been waived at that time. Jasmine asked if the land on which this structure sits was acquired with 6' or 7 penny tax money or not. Stephen said he wasn't exactly positive but he believed some of that section of Rio Grande Park was purchased with transportation funds but he would have to do some more research to answer the question directly. Jasmine said that in the Rio Grande master plan there was a map showing how the different lands were acquired because we cannot change the use of land the were acquired with the 6 and 7 penny taxes to anything other than those uses because that was the ballot question. Jasmine said it was important to know whether in fact there could be this use on a permanent basis. Charles said it was approved by Ordinance in 1999 that Theatre Aspen would be here. Jessica said as part of the Civic Master Plan it was approved with a continued presence in the park. Jim True said Jasmine had a point but he did not know the answer to it from the time of the vote if it was acquired with or through that process or through another process he didn't know. Jim said if it was acquired and dedicated and used as open space and that use is being changed now, then there would be issues. Jasmine said that there was a transportation plan in the original Rio Grande Master Plan still envisioned the train and right and around that area was going to be the transit station. Jim said that she was raising good points but he didn't have the answer and we need to make sure that we are careful about it; if this is going to proceed on we will have to have an answer for it before the final approvals are done. Stan Gibbs asked if the insubstantial was incorrect and should it be major on page 2. Jessica replied that Stan was correct that it was major and they received an insubstantial SPA Amendment earlier this year. Charles Cunniffe distributed 2 photos showing the tent to the tent frame and if you went to any shows this past summer you experience more of a circus tent covering over the concession area and lobby, which is a temporary covering. Charles said the application was to make that portion of this facility permanent, which would allow them to house a lot of the stuff that is used on site and to remain on site and 5 City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011 not have to truck it back and forth. Charles said the request to keep the tent frame up is one that it is a substantial amount of money to take it down and the impacts on the park are tremendous and Parks is interested in not having those impacts. Charles said on top of the trucks is a crane requirement because it would have to be a rather large crane to reach over and bring those tent members up because there would be no place to bring a crane in with the bridge and the path. Emily Zeck said they anticipate using the lobby for storage in the off seasons so they are cutting down on trips to Basalt where the storage is located. Paige Price said that this plan would house storage in a much more clean and graceful perspective. Jessica entered into the record the Charles Cunniffee photo boards as Applicant Exhibit 1. Cliff wanted to talk about the deconstruction and 48 truck trips and asked if that was cut in half. Charles said probably far less because the trucks are largely for all the parts that make the tent and if the tent structure doesn't have to leave then those trucks don't have to come and go. Emily said that there was also a safety issue with taking down and putting up the tent. LJ said the lease for 10 years so the approval was for 10 years. Jessica replied that it would be an amendment to the SPA; the resolution talks about amending the lease to incorporate any design changes and in the end we want the lease and the SPA talking the same language. LJ asked what happens if they don't renew the lease. Jessica said it would be up to the City as the land owner to decide what to do with that site. LJ asked the fence height. Jessica replied typically the highest fence is 6 foot but this is a unique situation which is why it is being wrapped in as part of the SPA approval and that is why the resolution asks the applicant to go back and see what the minimum height and length can be. Jasmine asked currently how many employees were there in Theatre Aspen. Emily responded 5 full time year round employees and seasonally between 40 and 70 depending on the programming and the size of the cast; some of that are volunteers and part time. Stan asked if employee mitigation was based on permanent employees. Jessica answered it was based on hours worked; page 30 of the packet was the estimation put together for the housing board and the estimate for 2012. Stan asked about the temporary walls. Charles responded that would be a panel that would go up or we could leave the tent siding panels up and they are white so they would fit into the winter camouflage. 6 City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011 Cliff asked what winter uses goes on once the snow has fallen. Stephen replied there were a lot of uses that go on in different ways; the winter use is more contemplative, more foot traffic and a lot of dog use in the winter; there are some special events. Public Comments: 1. Lisa Baker said that she was the Theatre Aspen Board Secretary and clearly she was very much in favor of this proposal. The theatre has made great strides in production and this venue will enhance the theatre goers and provide a huge amenity to the community. 2. David Leddingham supports the Theatre and get this theatre going and advancing what they have done. 3. Nancy Mayer said that she was the publisher of Aspen Sojourner Magazine and have been very thrilled to have Theatre Aspen and what they are doing. Nancy supported Theatre Aspen very much. Stan Gibbs closed the public comment section of the hearing. LJ said he liked it and it was an essential public facility and it was important how we frame this resolution. LJ said he had an issue with the fence and he thought there could be a less impactful fence. Cliff said that section 2 of the resolution with the idea of this being used for something else and he would prefer to drop that for now. Cliff suggested a 7 foot fence and it is removed at the end of the season. Paige pointed to the tent area proper and there were temporary trailers that house the actors when they are dressing and changing to get into their costume and it is shielded from the tent. Emily said it was sketched out on Exhibit K. Jasmine said that Theatre Aspen has grown and developed and become a valuable community asset and it is important for them as well as the community to have something that is not taken up and put down and temporary. Jasmine said that is why she has the conflict with this land is appropriate for doing this and until we know this we are leading the applicant down the path of spending a lot of money if this use is for something else. LJ asked what if we make it contingent on that being used for the 6 and 7 penny. Jasmine said how do we know that this will not fall through the cracks and she was worried that it was not fair to the applicant. Stan said he didn't understand how this particular proposal was enough of a change in use that hasn't already been approved. Jasmine replied because it is permanent. Charles said it was not permanent; it was still a 10 year lease and on City property, 7 City of Aspen Planning & Zoning Meeting — Minutes November 01,2011 they do not own the property. Jasmine said then it becomes a permanent part of the SPA. Jessica stated they could write in language that says anytime that the Theatre leaves Rio Grande Park the approvals are no longer valid and any structure has to be removed. Jessica said that they could incorporate that into the resolution; it could simply be stated that this issue needs to be resolved before review at City Council and express concern that it is an issue. Jasmine stated that she did not want to see the applicants then suddenly find out that they can't do this. Charles said they were comfortable with what they have at the moment; you would like that City Council would have vetted that when they passed the Ordinance making this the proper use for this property. Stan said there were some other ancillary structures that sit there all year round so you are suggesting that those structure are illegal as well because there are permanent structures sitting on that site. Stan said that from their perspective they can't answer that question tonight and the applicant seems to want to go forward and he asked if we could have that simply stated in our resolution that we think this is a question that needs to be answered in the affirmative before this application goes forward. Jasmine said yes particularly with the statements that Jessica stated earlier becoming a permanent part of the SPA and if this issues can be incorporated in the resolution that would certainly satisfy a lot of her concerns and she agreed with Cliff that the Special Events should be stricken from the resolution at this point because it was a whole separate issue that needs a different kind of public input. Emily stated that was a good idea and they were in full support of striking that at this point. Cliff asked about gaining access to the site say to bring in chairs. Stephen replied that this was a master plan of the whole area and part of that plan removes what is the existing Rio Grande trail and created a new road which is closer to the park edge and access for emergency services as well as service back into the tent. Stephen said what can come over the bridge are things like an ambulance, bicycle or a car if needed but not a crane; so there is still access to the front it is just not that kind of access. MOTION: LJErspamer moved to pass Resolution #20, deleting the last 2 sentences of Section 2: Desig; with the numbers corrected and prior to City Council review the City Attorney and the Applicant will determine if 6 and or 7` penny funds were used to purchase the land on which Theatre Aspen resides with the requirements stated in the ballot language and City Charter and whether this is a change in use; this approval shall be contingent uponTheatre Aspen's continued location in Rio Grande Park. P &Z recommends that if Theatre Aspen leaves their current location, the approval shall herein become void; seconded by Cliff Weiss. 8 City of Aspen Planning & Zoning Meeting — Minutes November 01, 2011 Roll Call vote: Jasmine Tygre, yes; Cliff' Weiss, yes; LJ Erspamer, yes and Stan Gibbs, yes. Discussion prior to the vote on the resolution: Jasmine said the approval is specifically contingent on a determination that the land under which Theatre Aspen currently sits was not purchased with 6 or 7 penny sales tax money and the acknowledgment that any of it was that this matter has to be referred to the voters as provided in the original ballot language. LJ supported that. Stephen said he understood where you were going with that but he didn't think that it should say if it was acquired with 6 or 7 penny it was not an appropriate use. Jasmine said that they were talking about 2 different things; the ballot language is very specific because it was a tax measure that says this land can be used for only for these particular things without going back to the voters. Jasmine said City Council cannot make a determination. Stephen responded that was what they needed to determine the specific uses as it relates to this application. Jim True said the ballot language might be broad enough to allow this use; if you question the language you can review it again but he suspected that it has been done. Jim said that there was nothing wrong with reviewing it again. Stan asked if having the City Attorney review this was acceptable. Jasmine replied no. Li said it was acceptable to him. Jasmine asked for some language about the permanent change to the SPA. Jessica said they could add some language that says P &Z recommends the approvals herein be contingent uponTheatre Aspen's continued location in Rio Grande Park. P &Z recommends that if Theatre Aspen leaves their current location, the approval herein become void. Jessica added P &Z recommends compliance with the Theatre use with any requirements from the funds used to purchase the property shall be presented to City Council. Jasmine said that if this property was not purchased with 6 and 7 penny tax then it is irrelevant but she wanted a contingency based on that determination. Jessica said prior to City Council review the City Attorney and the Applicant will determine if 6 and or 7 penny funds were used to purchase the land on which Theatre Aspen resides with the requirements stated in the ballot language and City Charter. Adjourned 6:30 pm. ckie Lothian, Deputy City Clerk 9 x ib— r O Tom and Donna Ward PO Box 2954, Aspen, CO 81612 Jessica Garrow City of Aspen Long Range Planner Dear Ms Garrow: We are writing in support of Theater Aspen's plans to upgrade the lobby to enhance last year's new tent. We have been involved with Theatre Aspen since its inception as Theatre Under the Jerome. It is time for Theatre Aspen to have upgraded facilities. The new tent and improvements to the surrounding park last summer was a strong start, and it is now time to finish the lobby and bring theatre -going in Aspen to the level of all the other arts. We encourage support for Theatre Aspen's new lobby. Not only will it benefit our visitors, but it will also be something the community of Aspen can enjoy and take pride in. Leaving the seating structure and stage up for the winter makes sense, especially in these challenging times. The time and labor involved to rebuild each season is an economic drain, and uses valuable resources that could otherwise be used for creating their summer season. The new plan reminds us of the old music tent, which in winter hinted at seasons past and ones to come. Thank you for you consideration of Theatre Aspen's request. Sincerely, Tom & Donna Ward Jessica Garrow From: Renee Fleisher <reneef @blazingadventures.com> Sent: Wednesday, October 26, 2011 2:06 PM To: Emily Zeck Subject: RE: Voice your support for Theatre Aspen! • To the P & Z commission and the City of Aspen Council: Theatre Aspen has become an important part of the cultural scene in Aspen and the quality of their productions increases every year. It is also another selling point to attract FIT & group visitors to book here rather than in a different mountain resort. The plan for the proposed building is beautiful and would fit in well with the setting. I highly suggest that you approve its construction. Best regards, Renee Forget the box. justget Outside! Renee Fleisher Director of Group Services email: renee(a,blazinoadventures.com phone: 970 - 923 -4544 ex 302 cell: 970- 618 -0640 fax: 970 - 923 -4994 From: Emily Zeck [mailto:emily ©theatreaspen.org] Sent: Wednesday, October 26, 2011 1:07 PM To: Emily Zeck Cc: Paige Price; Peggy Burke; Graham Northrup; Beth Levin Subject: Voice your support for Theatre Aspen! Hello all, As you may or may not know, Theatre Aspen appears before P &Z on November 1 to ask permission for our new lobby design that will be year- round, as well as permission to leave our stage and seating structure up year- round. We also have plans to beautify the off- season look — see the attached rendering for the off- season. (Also included is a rendering more relevant to the summer season.) This will be followed by a Council meeting in January, where we will receive a final answer. We need all the help we can get from locals who support our plans, which are: to upgrade our facilities with a year - round lobby, while at the same time staying mindful of what the community wants and needs. Our end goal is always to bring Aspen the best theater possible, and we believe that all of these plans align with that mission. If you'd like to voice your support for us, please feel free to attend P &Z on November 1 at 4:30 p.m. (downstairs at City Hall), and /or the Council meeting in January (date TBD). If you aren't able to attend but would like to help, you can send an email to our city planner, Jessica Garrow. In this case, please send to my attention and I will forward it to her. Even a quick note of support is always helpful. We must receive letters /emails of support by noon tomorrow, at the latest, in order to be distributed to P &Z members prior to Tuesday's meeting. Thanks, and as always call, email, or drop by anytime — I'm happy to clarify or elaborate on anything above, and we love to hear your thoughts as well. Regards, 1 Jessica Garrow From: Ed Foran <eforan @masonmorse.com> Sent: Wednesday, October 26, 2011 2:19 PM To: Emily Zeck Subject: RE: Voice your support for Theatre Aspen! Emily, Please forward to Jessica Garrow... Dear Jessica, Please accept this letter in support of Theatre Aspen's application for permission to build a year -round lobby structure as well as permission to leave their stage and seating structure in place. By leaving the stage and seating in place, it enables Theatre Aspen to save thousands of dollars on annual basis. As one of Aspen's finest non - profit art organizations, it's survival during these difficult economic times is dependent on finding cost savings wherever they can. These savings can be re- allocated for programs like their education program which serves hundreds of students in Aspen and the surrounding area. The permanent lobby area will serve to inform the public of upcoming performances and programs on a year round basis and enhance TA's already excellent reputation in the community. Thank you for your consideration. If you have any questions or need additional information, feel free to contact me. Regards, Ed Foran 45 Exhibition Lane Aspen, CO 81611 970 - 948 -5704 From: Emily Zeck [mailto:emily @theatreaspen.org] Sent: Wednesday, October 26, 2011 1:07 PM To: Emily Zeck Cc: Paige Price; Peggy Burke; Graham Northrup; Beth Levin Subject: Voice your support for Theatre Aspen! Hello all, As you may or may not know, Theatre Aspen appears before P &Z on November 1 to ask permission for our new lobby design that will be year- round, as well as permission to leave our stage and seating structure up year- round. We also have plans to beautify the off- season look — see the attached rendering for the off - season. (Also included is a rendering more relevant to the summer season.) This will be followed by a Council meeting in January, where we will receive a final answer. We need all the help we can get from locals who support our plans, which are: to upgrade our facilities with a year - round lobby, while at the same time staying mindful of what the community wants and needs. Our end goal is always to bring Aspen the best theater possible, and we believe that all of these plans align with that mission. If you'd like to voice your support for us, please feel free to attend P &Z on November 1 at 4:30 p.m. (downstairs at City Hall), and /or the Council meeting in January (date TBD). If you aren't able to attend but would like to help, you can send an email to our city planner, Jessica Garrow. In this case, please send to my attention and I will forward it to her. Even a 1 Jessica Garrow From: Ricki Newman <rickinewman @yahoo.com> Sent: Thursday, October 27, 2011 12:37 AM To: Emily Zeck Subject: Re: Voice your support for Theatre Aspen! To City Planner, Jessica Garrow, Aspen, Colorado -- Scenic Beauty, Athletic Playground, Cultural Mecca! Our gorgeous mountains, valleys, rivers, creeks, and trees surround us year round with beauty. Our ski lifts, ball fields, hiking paths, bike trails, playgrounds, golf courses, and skate board parks remind us year round of the outdoor recreation available when in season & when out of season. Other than the Aspen Music Tent, our artistic and cultural groups who combine entertainment with the joy of our great outdoor treasures are the only ones who have to "disappear" when out of season. So it would make sense to allow Theatre Aspen to leave their new lobby design that will be year- round, as well as stage and seating structure up year - round. Nothing else will be using that location during the fall and winter seasons, so as long as the site is neat, attractive, and non - intrusive to the surrounding scenery, why not let as much stay as is physically feasible for the winter weather? This would cut down on the time of noise and visual annoyance to tear down and "rebuild" as well, and will free up those funds to bring in the best theatre possible to Aspen. Please grant Theatre Aspen the permission to leave their new lobby design and stage and seating structure up year- round. Thank You, Ricki Newman - -- On Wed, 10/26/11, Emily Zeck <emilvQi2theatreaspen.org> wrote: From: Emily Zeck <emily @theatreaspen.org> Subject: Voice your support for Theatre Aspen! To: "Emily Zeck" <emily @theatreaspen.org> Cc: "Paige Price" <paige @theatreaspen.org >, "Peggy Burke" <peggy @theatreaspen.org >, "Graham Northrup" <Graham @theatreaspen.org >, "Beth Levin" <beth@theatreaspen.org> Date: Wednesday, October 26, 2011, 2:06 PM Hello all, As you may or may not know, Theatre Aspen appears before P &Z on November 1 to ask permission for our new lobby design that will be year- round, as well as permission to leave our stage and seating structure up year- round. We also have plans to beautify the off -season look — see the attached rendering for the off - season. (Also included is a rendering more relevant to the summer season.) This will be followed by a Council meeting in January, where we will receive a final answer. 1 Jackie Lothian • \ w , From: Walt Madden [walterross @gmail.com] Sent: Monday, October 31, 2011 12:04 PM To: PandZ; Public Comment Subject: Theater Aspen's new tent Aspen P &Z and City Council members: As a resident of Aspen and a daily user of the Rio Grande trail along the Theatre Aspen location, I would like to provide input regarding Theatre Aspen's request to leave their new framing structure, seating area, concession stands and other buildings on the site during their off - season. The new structures are dramatically more visually intrusive than the old setup. The old setup disappeared into the ground (and under the snow) once it was taken down. The new tent frame, tarp covered seating area, concession stands and other structures resemble a random collection of outbuildings one might find on a rural farm. Or a stalled construction project like Snowmass' Base Village. Aspen and Pitkin County place a high value on open space. Our Open Space Program dates back to the 1970's when the community started voting to dedicate a portion of our taxes towards the purchase of land for trails and open space. This program has preserved beautiful parcels of open space and built an incredible trail network. Theater Aspen's plan to leave all of their "stuff" behind for the greater part of the year when they are not in season in one of our premier open spaces disrespects our community values that treasure open space and unspoiled views of our natural surroundings. Theater Aspen's new "setup" would be viewed as an eyesore in any neighborhood in Aspen. If anything, the visual impacts of structures located within our Open Space should be held to an even higher design standard than locations elsewhere in the community. Theater Aspen should be directed to go back to the drawing board and come up with a design that does significantly better at integrating into and respecting their location. Thank you for your consideration. Walt Madden walterrossOgmail.com Email secured by Check Point 1 Jessica Garrow From: Kathryn Koch Sent: Thursday, December 29, 2011 7:40 AM To: City_Council; Jessica Garrow Subject: FW: theatre aspen comment Follow Up Flag: Follow up Flag Status: Flagged From: Stephen Slade [mailto:sgs ©visiontexas.com] Sent: Wednesday, December 28, 2011 9:30 PM To: Public_Comment Subject: Dear Sirs, I would like to express my opinion on Theatre Aspen's proposed new structure, scheduled for discussion on January the 9` More specifically, the idea of building a permanent lobby/ ticketing structure and leaving the tent frame up year round. I live in Oklahoma Flats, directly across the river from the site. Theatre Aspen adds a great deal to our community and should be supported. On the other hand, the frame is a pretty large and unsightly thing to be left up forever. I have looked at the drawings of the frame with temporary walls, to make it appear less like an unfinished construction site, but that looks even worse to my eye. The frame is noticeable from my neighborhood but also from the entire park itself and all the adjacent roads and neighborhoods. It is difficult to make an unfinished structure look any other way than unfinished. It simply doesn't fit. I believe we should avoid leaving the frame up permanently. I wonder if a compromise could work, build the permanent structure but take down the frame each season. Perhaps the frame could be stored in or adjacent to the structure. Such a solution would preserve the beauty of the park in winter and also make life less expensive and easier for Theatre Aspen with a reduced transportation/ workload. This would seem logical in a Park like Rio Grande, with no other permanent structures. Thanks for reading through this! Sincerely, 1 V llt h MEMORANDUM TO: Mayor Ireland and City Council FROM: Jennifer Phelan, Community Development Deputy Planning Direct r� THRU: Chris Bendon, Community Development Director Nill MEETING DATE: January 9, 2011 RE: Aspen Country Day School Temporary Use Permit (Aspen Meadows campus) — Resolution y , Series 2012 APPLICANT /OWNER: STAFF RECOMMENDATION: Aspen Institute, Aspen Music Staff recommends approval of the Temporary Use Permit. Festival and School (owners), and Aspen Country Day School SUMMARY: The Applicant requests a Temporary Use Permit for the REPRESENTATIVE: temporary operation of the Aspen Country Day School for the Jim Curtis 2012/2013 calendar year on the Aspen Meadows campus. LOCATION: Aspen Meadows campus, home of the Aspen Institute, the Aspen Music Festival and *4$1. School, and the Aspen Center for Physics, 1000 N Third Street and 960 N. Third Street. C U RRENT ZONING & USE The area in question is located in the Academic zone district with a Specially Planned Area overlay (A /SPA). PROPOSED LAND USE: "I Temporary Use Permit to operate school for the The Benedict MusicTent, part of the temporary school proposal 2012/2013 calendar year. . REQUEST OF COUNCIL: City Council is asked to grant a Temporary Use Permit, pursuant to Land Use Code chapter 26.450, Temporary and Seasonal Uses, for Aspen Country Day School (ACDS) to operate their campus facility on the Aspen Meadows campus for the 2012/2013 calendar year. ACDS Temporary Use Permit Page I of 6 BACKGROUND: The Aspen Country Day School currently operates on the Aspen Music Festival and School's (AMFS) Castle Creek campus. Currently, the school serves approximately 138 families, educates approximately 207 students from pre - kindergarten to eighth grade, and employs 52 teachers and staff. The Castle Creek campus is being redeveloped and campus officials have determined that relocating ACDS for one year will create the least amount of impact with regard to the redevelopment and school operations. As a result of this determination ACDS has been working with the AMFS, the Aspen Institute, and the Aspen Center for Physics to relocate the school onto the Aspen Meadows campus. Physical location: The temporary campus is proposed to be located on Lots 2 and 1 -B, which are owned by AMFS and The Aspen Institute. The proposed site plan includes use of the existing facilities such as the Boettcher building, Harris Hall and the Benedict Music Tent as well as installation of a tent for gym use and modular buildings for school rooms (to be located on existing parking lots). Figure 1, Proposed site plan of ACDS (Exhibit C contains an 11" by 17" site plan) .46„. r ' . . k L x ,` ' 4 , 1 1 s ,',* ' 7 - - t e,.. �4 ..' 11 = R TC~ __ .._, %.,, ., ,_, s . tea` I wAis ` ^ ,s VP 4 ..: Gyp,. - l ' �9 , \ '�_d M t4G FORPAR FA_. A ' -4: tF: .`tom �.).' a, ",� 102 Y i i, jp ;.:..-- - r.-2.-- 7 -17 . r* , - - - ifk, ,...1-, , .--- I' '' l' .*'' ' :- 77T ts;: ''' ' ' il, I • :. VC:RA Ta41*'-*7‘ ..1 1 • LATE•SI(:NJ 1'C4 • ar 7 b , PREVENT Et 4 \ 6 ., .. - t f i . `' tryst ,,. ACDS Temporary Use Permit Page 2 of 6 Transportation Management: ACDS has submitted a traffic mitigation plan for the nine month school year. The city's engineering and transportation departments have reviewed the plan (Exhibit D) and provided comments to the applicant. Highlights of the plan include: • To encourage bus ridership for the 2012/2013 calendar year, the school will provide its bus service at no charge to students. • The school is committing to providing an additional bus route. • The school will purchase an additional commuter vehicle to increase staff ridership. • An on campus fleet of bicycles will be provided at the temporary campus to reduce vehicle trips during the day. • Parking in the eastern portion of the Gillespie Street facing parking lot will be monitored by a permit system. • Morning drop off and afternoon pick -up will be monitored. • All school events, such as graduation, will be noticed in advance to neighbors. • The cross town shuttle route will be modified to minimize any potential conflicts. • School zone signage will be installed in the neighborhood for the school year. Operations: The school year begins after Labor Day and ends Memorial Day. However, the school needs to set up the temporary campus in August of 2012 and take it down in June 2013. The school hours are 8:00 a.m. to 3:00 p.m. with typical holiday breaks. ACDS will not conduct after- school programs during the 2012 -2013 school year but will have intermittent school sponsored special events throughout the school year. Public access to the site will be maintained via 3rd Street for foot and auto traffic to the Rio Grande Trail, as currently exists. The 4th Street walkway will be open to the Tent and then signage will direct people to take the back path (west side of Tent) to continue to Paepcke Auditorium or the Meadows. There are no plans to have special events (non ACDS related) events during the school year on the Aspen Music Festival and School's lot during the school year; however, the applicant is willing to coordinate the use of the east side of the Gillespie street facing parking lot with city representatives during the USA Pro Challenge in August of 2012. DISCUSSION: The Applicant is requesting a Temporary Use Permit for the operation of a school during the 2012/2013 calendar year. The request is for a six month Temporary Use Permit to start no earlier than August 1, 2012 (set -up); however, the Applicant is also requesting one automatic extension of five months to cover the entire school year and end on June 30, 2013 (break - down). ACDS Temporary Use Permit Page 3 of 6 The use of the campus to accommodate Aspen Country Day is consistent with the current Academic zoning of the Aspen Meadows campus. The operation of the school is for one school year. A traffic management plan has been submitted to minimize the impact of the temporary use on the neighborhood. REFERRAL AGENCY COMMENTS: Staff has received limited comments from referral departments that are incorporated into the draft resolution. RECOMMENDED ACTION: Staff recommends approval of a Temporary Use Permit for the Aspen Country Day School. Staff finds that this one -time Temporary Use Permit is consistent with the permitted uses in the Academic zone district the temporary location will safely accommodate the school's students during reconstruction of the their Castle Creek campus. Although there will be some impacts to the neighbors, ACDS has proactively contacted neighbors and is providing a Transportation Mitigation plan that will limit the school's impacts. The school is proposed for only one school year. PROPOSED MOTION: "I move to approve Resolution No. # J , Series of 2012, approving the request for a six month Temporary Use Permit with an automatic, consecutive extension of five months for the purpose of operating Aspen Country Day School on the Aspen Meadows campus from August 1, 2012 to June 30, 2013." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings EXHIBIT B — Referral Department Comments EXHIBIT C - Application EXHIBIT D — Transportation Mitigation Plan EXHIBIT E — Public Comment from the Felders, dated January 4, 2012 RESOLUTION NO. 3 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE OPEARTION OF THE ASPEN COUNTRY DAY SCHOOL AT THE ASPEN MEADOWS CAMPUS, LOTS 1 -B AND 2 ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, COLORADO Parcel ID 273512129809 and 273512129802 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicants, Aspen Music Festival and School, The Aspen Institute, and Aspen Country Days School, have submitted an application for a Temporary Use Permit to operate a school for one school year on the Aspen Meadows campus; and, WHEREAS, the Applicant requests approval for a Temporary Use Permit to use existing buildings and place temporary, modular buildings on the campus to operate the school; and, WHEREAS, the Community Development Department reviewed the temporary use application and provided a referral review opportunity to standard referral agencies; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use will not adversely impact the neighborhood; and WHEREAS, City Council conducted a duly noticed public hearing on January 9, 2012; and, WHEREAS, City Council has reviewed and considered the temporary use request under the applicable provisions in the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standards; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: Temporary Use Timeline In accordance with Chapter 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant the Aspen County Day School the ability to operate a school at the Aspen Meadows campus for the 2012/2013 school year with the following timeline conditions: A. The temporary use is valid for six (6) months with an automatic extension of five (5) months. B. The Applicant is permitted to begin setup of the school operations on August 1, 2012 to start the six (6) month period. C. An automatic extension of five (5) months shall begin on February 1, 2013 and expire on June 30, 2013. D. Typical school operating hours will be from 8:00a.m. to 3:OOp.m. during the school year, with the exception of limited special events such as, but not limited to, fall picnic, parent night/open house, holiday singing, May picnic, and graduation. Section 2: Transportation Mitigation A. Traffic Demand Management Plan. The Applicant shall comply with all aspects of the Transportation Demand Management (TDM) Plan the Applicant prepared as part of the land use approvals for the approved development. The TDM Plan is appended hereto as Exhibit A. The Applicant may amend the TDM Plan with the consent of the Transportation Department. The Applicant shall comply with all aspects of the TDM Plan. B. USA Pro Cycling Challenge. The east side of the Aspen Music Festival and School parking lot that is adjacent to Gillespie Street shall be made available for race staging. The City and Aspen Country Day School will need to coordinate the race staging, as set -up for the school will be occurring on the west side of the parking lot during the race event. C. School Zone Signage. School zone signs are required to be installed at the commencement of the school year and removed by June 30, 2013. The sign plan shall be developed by a professional engineer and approved by the City Engineer through the right -of -way permit process. D. Cross - Town Shuttle. The applicant will work with RFTA and the city's Transportation Department to finalize the location of the bus stop for the bus stop. E. 3 and Gillespie Traffic Control. Certified traffic control personnel are required to be used at this intersection if traffic is restricted. F. 5 and Gillespie Traffic Control. Certified traffic control personnel are required to be used at this intersection at the start of the school day and at the end of the school day. Section 3: Landscaping Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. An approved tree permit will be required prior to impacting or removing any tree. Section 4: Environmental Health The facility is required to prepare foods in a licensed kitchen, per state Statute. Plans for the mobile kitchen and temporary cafeteria shall be submitted for review and approval. A child care license, per state Statute, is required for the pre - school. The modular units and other facilities used on the Aspen Music School campus for school activities are required to meet the State Board of Health's Rules and Regulations Governing Schools in the State of Colorado. Section 4: Building permit A construction management plan shall be submitted in conjunction with any required building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging /encroachments, truck traffic, noise, dust, and erosion/sediment pollution Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. The exhibits listed below are appended hereto and are, by references made to them, incorporated into this Ordinance as if fully set forth herein: • Exhibit A - Transportation Demand Management (TDM) Plan. • Exhibit B - Site Plan Section 6: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED, January 9, 2012, at a public hearing before the City Council of the City of Aspen, Colorado. Michael C Ireland, Mayor John Worcester, City Attorney ATTEST: Kathryn S. Koch, City Clerk EXHIBIT A 26.450.030 CRITERIA APPLICABLE TO ALL TEMPORARY USES. Section 26.450.030 of the City Land Use Code provides that the City Council shall consider the following criteria, as applicable, when reviewing development applications for a temporary use: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. The proposed temporary use is for the operation of Aspen Country Day School to operate on the Aspen Meadows campus for the 2012/2013 school year. The school will operate out of existing buildings and some temporary structures for the school year. The Aspen Meadows campus is zoned Academic, which permits the use of a school. The Aspen Meadows campus is currently used for lectures, special events, and academic uses. The operation is consistent with the Aspen Meadows operation and zoning. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed temporary school is compatible with the existing uses on the Aspen Meadows campus. Both existing buildings and some temporary buildings are proposed to house the school on the campus. Staff finds this criterion to be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. A traffic mitigation plan has been submitted by the Applicant which has been reviewed and is supported by both the Engineering Department and Transportation Department. Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The temporary use is proposed to begin in August of 2012 and end in June of 2013. The request is for a six month approval (to start in August 1, 2012) with one extension of five months to end by June 30, 2013 as permitted by the Land Use Code. The Applicant has not been approved previously for a temporary use permit. Staff finds this criterion to be met. E. The purposes and intent of the zone district in which the temporary use is proposed. The area that is being proposed for the school use is zoned Academic (A). Permitted uses in the Academic zone include a private school. The operation of a school is consistent with the purpose of the academic zone district. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The Aspen Meadows campus is an academic use within the City of Aspen containing the Aspen Institute, the Aspen Music Festival and School and the Aspen Center for Physics. Use of part of the campus temporarily for Aspen Country Day School is consistent with other uses occurring on the campus. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. With an adequate traffic mitigation and operation plan, the school can safely operate on the Aspen Meadows campus and within the surrounding neighborhood. Staff finds this criterion to be met. Date: December 28, 2011 Project: Aspen Country Day School City of Aspen Engineering Department DRC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Traffic: Stop Sign Request at 5 and Gillespie: The Engineering dept does not support the additional stop sign request. A stop sign at this location is not warranted. Vehicle pedestrian conflicts at this intersection occur during Music School Events and during the beginning and end of the school day. As a result the engineering dept is recommending that Aspen Country Day School control this intersection with certified traffic control personnel instead of a stop sign. A stop sign is one of our most valuable and effective control devices when used at the right place and under the right conditions. It is intended to help drivers and pedestrians at an intersection decide who has the right of way. Drivers tend to ignore unwarranted traffic controls or \obstacles that in their view are unnecessary. If they are frequently required to stop for STOP signs and rarely see any traffic on the opposing street, they may become impatient and tend to disregard STOP signs that have no obvious need. Traffic Control at 3` and Gillespie: The school intends to restrict traffic from continuing northbound on 3r Street. The engineering dept will require certified traffic control personnel to manage this. School Zone Signage: The Engineering Dept is recommending the installation (and removal after the end of the school year) of School Zone Signs. This sign plan must be developed by a professional engineer and must be approved through the ROW permit process. Landscape improvements on Gillespie: Any improvements proposed in the ROW will need approval first through a ROW permit process. Construction Management — A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution Aspen Music Festival & School - - Temporary Use Permit Application Transportation Department DRC Comments: The applicant, in conjunction with the Aspen Country Day School, proposes to temporarily relocate the Aspen Country Day School operations from the Castle Creek Road campus to the Aspen Meadows properties for the 2012 -2013 school year to facilitate the redevelopment of the Castle Creek Road facility. The project proposes the relocation of approximately 207 Aspen Country Day School students, and 52 staff to the Meadows campus. The Aspen Country Day School, at the request of Transportation staff, has developed a Traffic, Parking, Circulation and Bus Mitigation Plan. The Transportation Department Staff offers the following comments on the application: REGULATORY COMMENTS: 1. None. COURTESY COMMENTS: 1. The applicant proposes the re- routing of the Cross Town Shuttle through the Gillespie Street (Music Festival) parking lot through the duration of the 2012 -2013 school year. Transportation staff would prefer to eliminate the parking lot from portion of the route completely during this period to avoid any conflict with students. Transportation would propose that the Cross Town Shuttle instead travel on Gillespie Street without turning into the Music Festival parking lot. Staff requests that the applicant facilitate this rerouting by removing /covering existing bus stop signage in the parking lot. Staff also requests that the applicant replace current hotel shuttle signage on Gillespie Street with Cross Town Shuttle bus stop signage. Finally, staff requests that the applicant restore all original signage at the end of the 2012 -2013 school year. 2. The applicant proposes the use of 7 Street as an outbound route for its school bus routes. Transportation staff requires an alternate outbound route as 7th Street is designated as a no right turn 3 -6pm area on weekdays during peak seasons. 3. Transportation staff appreciates the thorough trip reduction plan, especially efforts towards extending bus service by adding a fourth route and making bus service free. Staff offers a few minor suggestions to strengthen the plan: • The applicant, on page 4 discusses the investigation of purchasing a staff carpool vehicle. Staff would like the purchase of this vehicle to be a commitment. This seems to be the intent, but staff would like the language to reflect the purchase. • Staff would like to see an emphasis on parking management, particularly the use of HOV- only parking as a carpool incentive for staff. • Staff would like to retain the option of using portions of the Gillespie Street parking lot for staging of vehicles /buses during the USA Pro Cycling Challenge in August of 2012. • Staff suggests the development of school pool and walk /bike leader programs. The City's CommuterConnect software can facilitate these types of programs. • Staff suggests the addition of an incentive program for staff who use alternative transportation. \ pc/ i//\ e\ ( l N Zohn.bti, ),lam. ` I otiv- eN -�. c S �j�.� - 5 � ►r J asa l - • Staff would like to see Aspen Country Day School actively participating in TOP. Collaboration with nearby TOP members such as Aspen Meadows and with TOP members with similar challenges such as the Aspen School District could prove very effective. MEMORANDUM To: Jennifer Phelan, Community Development Department From: Jannette Whitcomb, Environmental Health Department Date: December 19, 2011 Re: Aspen Music Festival & School - - Temporary Use Permit Application The City of Aspen's Environmental Health Department has reviewed the referenced Temporary Use Permit Application and has the following comments. AIR QUALITY: The applicant, in conjunction with the Aspen Country Day School, proposes to temporarily relocate the Aspen Country Day School operations from the Castle Creek Road campus to the Aspen Meadows properties for the 2012 -2013 school year to facilitate the redevelopment of the Castle Creek Road facility. The project proposes the relocation of approximately 207 Aspen Country Day School students, and 52 staff to the Meadows campus. The Aspen Country Day School currently buses around 5o% of the students at a cost to the families of $15o per month. The faculty currently has access to one shuttle for getting to and from school. Moving the school into the West End of Aspen, without additional trip reduction measures, would have significant impact on traffic and air quality, specifically PM -10 pollution. In a concentrated effort to reduce trips into Aspen, the Aspen Country Day School plans to increase bus ridership by adding a fourth express route from down valley, waiving the monthly fee for the 2012 -2013 school year, and adding an additional faculty shuttle. Comments: • Staff recommends that the applicant's proposed trip reduction plan, with the addition of the Aspen Transportation Department's suggestions, be adopted. This plan provides the framework to reduce vehicle trips for the school beyond their current rate and protect Aspen's air quality. We also recommend that they continue on this path in future years. • Staff reminds the applicant of the 5 minute idling ordinance for the City of Aspen (Section 13.08.110) not only for compliance but to reduce potential impacts caused by bus staging. The Aspen Country Day School has available two buses that do not require long warm -up periods, including a gas powered bus and a diesel powered bus with a plug -in block heater. Staff recommends the applicant prioritize for in -town startup and use the bus that requires the least idle warm -up and is the quietest to run. 1 CONSUMER PROTECTION: Food Protection comments: The Aspen Country Day School will continue to provide a hot lunch to its students and faculty. The facility is required to prepare foods in a licensed kitchen, per state Statute. The applicant proposes to design and purchase a fully compliant mobile kitchen to be located behind Harris Hall. • Facility shall submit a plan review of the mobile kitchen and temporary cafeteria for review and license approval to CJ Oliver, Aspen Environmental Health Department. He can be reached at 97o -920 -5008 for more information. Child Care comments: The Aspen Country Day School will continue to operate a two class room preschool (pre -K) for the 2012 -2013 school year. They propose to use two rooms in Boettcher Building, located next to the Aspen Music Tent parking lot. The facility is required to obtain a child care license, per state Statute. • Facility shall submit a child care plan review for review and license approval to Jannette Whitcomb, Aspen Environmental Health Department. She can be reached at 970 -92o -5069 School comments: The Aspen Country Day School will conduct its 1 -8 classes in modular units for the 2012 -2013 school season. The modular units and other facilities used on the Aspen Music School campus for school activities are required to meet the State Board of Health's Rules and Regulations Governing Schools in the State of Colorado. • Facility shall contact CJ Oliver, Aspen Environmental Health Department to schedule a walk thru inspection prior to the first day of school. He can be reached at 970- 920 -5008. 2 Memorandum Date: December 19, 2011 To: Jennifer Phelan, City of Aspen Planning From: Brian Flynn, Parks Department Re: Aspen Country Day - Temporary Use Permit Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Tree Permit: Per City Code 13.20 an approved tree permit will be required before any tree is removed or impacted under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of permits. If a permit is necessary, contact the City Forester at 920 -5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. ,Aim TEMPORARY USE PERMIT APPLICATION RECHWO TO: Jennifer Phelan City of Aspen Community Development Office DEC 0 5 207i FROM: Matthew Loden EVELOPMENI Aspen Music Festival & School, Project Contact Carolyn Hines Aspen Country Day School Representative DATE: December 2, 2011 RE: Temporary Use Permit Application I. APPLICANT & SUBJECT PROPERTIES Applicant: Aspen Music Festival & School Matthew Loden, Project Contact 970 - 205 -5020 mlodentcilaspenmusic.org With consent & authorization from The Aspen Institute & The Aspen Center for Physics Subject Properties: Lot 1 -B, Lot 2 & Lot 3 Aspen Meadows Subdivision as below: Lot 1 -B, Aspen Meadows Subdivision The Aspen Institute 1000 North Third Street Aspen, CO 81611 Parcel # 273512129809 Lot 2, Aspen Meadows Subdivision Music Associates of Aspen 960 North Third Street (Lot 2 address) 2 Music School Road (Mailing address) Aspen, CO 81611 Parcel # 273512129802 Lot 3, Aspen Meadows Subdivision Aspen Center for Physics 700 W. Gillespie Street Aspen, CO 81611 Parcel # 273512129803 1 • ° y IL ` APPLICATION SUMMARY The Aspen Music Festival & School (AMFS) and Aspen Country Day School (ACDS) propose to temporarily relocate the ACDS school to the Aspen Meadows properties for the 2012 -2013 school year, early September, 2012 — late May, 2013 with set -up in August and take -down in June. The relocation is to facilitate the redevelopment of the AMFS Castle Creek Campus and to ensure the safety of the ACDS students during the redevelopment. The initial phase of the Castle Creek redevelopment is scheduled to start in September, 2012, and will focus on upgrading utilities to the campus which will impact the main road to the campus; building two new bridges across Castle Creek; dredging and revitalizing the ponds located on the central campus; constructing a new building in the lower parking area; building two rehearsal halls, and a support building all for joint AMFS & ACDS use. The initial phase of work will impact the total campus and therefore it was decided the safest, most efficient way to proceed was to temporarily relocate the school for one school year. Subsequent redevelopment phases will focus on the construction of additional individual buildings and will have Tess impact to the overall campus and ACDS operations. The temporary relocation is the best option to speed the redevelopment of the Castle Creek Campus and to ensure the safety of the ACDS students. It will place a temporary burden on all parties, but long -term, a redeveloped Castle Creek Campus will ensure the continued presence of these two important institutions in the community. Aspen Country Day School ACDS is a private, independent school which has shared the Castle Creek Campus with AMFS since 1969. ACDS consists of pre -K, K and grades 1 -8. ACDS serves approximately 138 families and teaches approximately 207 students (ages 2 '/2 for pre -K to ages 14 for 8` grade). ACDS does not include a high school program so there are no student drivers. The school employs 52 teachers and staff, some of whom have students in the school. The school year begins after Labor Day and ends at Memorial Day. School hours are 8:00 a.m. to 3:00 p.m. The school is closed at Thanksgiving, the last two weeks of December, President's Day and in March for Spring Break. For the 2012 — 2013 school year ACDS will forego having any after- school programs. As part of the relocation, ACDS will implement an aggressive "Traffic, Parking, Circulation & Buses Mitigation Plan" which is given in Exhibit 1. The plan has been developed working closely with the City's Transportation Department, The Aspen Institute and Aspen Center for Physics, and the West End neighbors. The applicant is very sensitive to these issues and has spent time outreaching to the neighborhood to address these issues. 2 Aspen Meadows Relocation Plan The relocation to the Aspen Meadows will generally entail the following and is illustrated in the Exhibit Maps attached. 1. AMFS Gillespie Street Parking Lot. Modular classrooms will be set -up in the west portion of the parking lot as shown on the Exhibit Maps and removed in June 2013 prior to the AMFS summer season. The east portion of the parking lot will be used for ACDS parking and will be monitored as outlined in the "Traffic, Parking, Circulation & Buses Mitigation Plan." 2. Boettcher Building. Pre -K, K -1, and ACDS offices will be housed in this building. 3. Harris Hall. The lobby will be used as a lunchroom and a modular kitchen will be set -up in the service area as shown. The auditorium will be used for school assemblies and music classes. 4. Benedict Music Tent. The heated areas of the tent will be used for restrooms, lockers and storage, and co- curricular classes. 5. Paepcke Parking Lot. Modular classrooms will be set -up in the south portion of the parking lot. The north portion of the lot will be used for Aspen Institute parking. 6. Play areas, temporary gym, restroom facilities are shown on the Exhibit Maps. 7. Food Service. A modular kitchen will be set -up in the Harris Hall service area and food service will be in the Harris Hall lobby. The modular kitchen will be self - contained. 8. Restroom Facilities. Existing restroom facilities will be used as much as possible. Modular restrooms will be supplemental and be self - contained. Please note that neither The Aspen Center for Physics property nor The Aspen Institute Paepcke Building are proposed to be used for the relocation. 3 • Key Points 1. The "Traffic, Parking, Circulation & Buses Mitigation Plan" is given in Exhibit 1. The applicant is very sensitive to these issues and has worked closely with the City's Transportation Department, The Aspen Institute and Aspen Center for Physics, and West End neighbors to prepare this plan. 2. Visual Impact. The modular units in the AMFS Gillespie parking lot will be visible mainly from Gillespie Street. Applicant is open to additional landscaping along the street for screening, but the Gillespie Street R.O.W. is owned by the City of Aspen. Applicant will meet with the Aspen Parks & Engineering Depts. to discuss Gillespie Street landscaping prior to the City Council meeting. A sketch of "typical" modular classroom units is given in the Exhibit Maps. 1. Public Access to Meadows Walking Paths. All paths will remain open and plowed for public use similar to current use. New signage will indicate public access & temporary fencing will delineate play areas for students. North Third Street will remain open and plowed similar to current use. 2. Snow Plowing. Most snow plowing will occur in the morning before school starts, but will occur as late & as quickly as possible before school opens. When possible, snow removal will be done during mid -day or after school hours. Snow plowing equipment will be as quiet as possible without heavy diesel equipment or beepers. 3. Winter Events at Harris Hall & Paepcke Auditorium. AMFS will not schedule events in Harris Hall during the winter 2012 — 2013. Paepcke Auditorium events, mainly in the evening, will be scheduled as normal, and there will be parking on the north half of the Paepcke parking lot, plus parking in the east bay of the Gillespie parking lot. 4. Emergency Access. The turning radius in the Paepcke parking lot as well as the circulation route in the Gillespie parking lot have been designed to accommodate fire & emergency access. Temporary Use Permit Request The applicant is requesting a Temporary Use Permit for the 9 month school year, September /2012 — May /2013. In accordance with Code Section 26.450.020, applicant requests an initial Temporary Use Permit for 180 days (Sept. — Feb.) and an extension for 90 days (March — May). Set -up will occur in August/2012 & takedown will occur in June /2013. 4 1II COMMON DEVELOPMENT REVIEW PROCEDURES The applicant has provided the applicable application material as set forth under Code Section 26.304.030(B) and the Pre - Application Conference Summary given in Exhibit 7. IV. TEMPORARY USE PERMIT, CODE SECTION 26.450.030 The criteria for Temporary Use Permit under Code Section 26.450.030 is addressed below: A The location, size, design, operating characteristics, and visual impacts of the proposed use. See Application Summary for a description of the proposed Temporary Use. The "Traffic, Parking, Circulation & Buses Mitigation Plan" is given in Exhibit 1 and the Exhibit Maps. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Applicant feels the proposed Temporary Use is compatible with the neighborhood on a short-term basis. Applicant understands there will be neighborhood impacts, and AMFS and ACDS will work with the neighbors to try to reduce the impacts as realistically feasible. AMFS and ACDS feel the temporary relocation is the best option to speed the redevelopment of the Castle Creek Campus and to ensure the safety of the ACDS students. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and •,.:. •„.,,, txgfic,pp,0err a¢,ie,i{aI deveis, and neighborhoettiehuriurter. The "Traffic, Parking, Circulation & Buses Mitigation Plan" is given in Exhibit 1 and the Exhibit Maps. Municipal services for water, sewer, electric, etc. will have minimal impact as the relocation is planned to be as self - contained as possible. Noise impact will mainly be morning snow plowing and this is addressed in the Application Summary. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The Temporary Use is proposed for the 2012 — 2013 school year, September, 2012 — May, 2013. Temporary uses have been approved on the subject properties in the past, but applicant iS not aer sd&4sm!erery.s€heoi raieeation beingrdone on the properties. 5 E. The purposes and intent of the zone district in which the temporary use is proposed. Lot 1 -B (Aspen Institute parcel) and Lot 2 (AMFS parcel) are zoned Academic — Specially Planned Area (SPA) and have a history of educational and cultural uses. F. The relation of the temporary use to conditions and character changes that may have occurred in the area and zone district in which the use is proposed. The subject properties are zoned Academic -SPA and have a history of educational and cultural uses. The Aspen Meadows properties have grown and upgraded over time as well as the surrounding West End neighborhood; however, the overall physical character of the area has remained relatively consistent. The Temporary Use on a short-term basis will not change the long -term physical character of the neighborhood. G. How the proposed Temporary Use will enhance or diminish the general public health, safety or welfare. Applicant understands there will be short-term impacts to the neighborhood, and AMFS and ACDS will work with the neighbors to try to reduce the impacts as realistically feasible. The AMFS and ACDS feel the temporary relocation is the best option to speed the redevelopment of the Castle Creek Campus and to ensure the safety of the ACDS students. It will place a temporary burden on all parties, but over the long -term, a redeveloped Castle Creek Campus will insure the continued presence of these two important institutions in the Community. V. APPENDIX n • t n r]..,, n.gt7 * ..rte QIP Exhibit 2 - Consent & Authorization Letter Exhibit 3 - Proof of Ownership Exhibit 4 - Land Use Application Forms Exhibit 5 - Fee Agreement Exhibit 6 - Surrounding Property Owners Exhibit 7 - Pre - Application Conference Summary VI. MAPS AND ILLUSTRATIONS Vicinity Map Existing Conditions Plan Proposed Temporary Use Site Plan Typical Modular Classroom Units 6 Exhibit 2 November 10, 2011 Jennifer Phelan Community Development Office City of Aspen 130 South Galena Street Aspen, Co. 81611 Re: Owners' Authorization & Consent AMFS & ACDS Temporary Use Permit Application Aspen Meadows Properties Aspen, Co. Dear Jennifer, Three (3) properties are subject to the above application as follows: Lot 1 -B, Aspen Meadows Subdivision The Aspen Institute 1000 North Third Street Aspen, Co. 81611 Parcel #273512129809 Lot 2, Aspen Meadows Subdivision Aspen Music Festival & School ( AMFS ) 960 North Third Street ( Lot 2 Address ) 2 Music School Road ( Mailing Address ) Aspen, Co. 81611 Parcel # 273512129802 Lot 3, Aspen Meadows Subdivision Aspen Center for Physics 700 W. Gillespie Street Aspen, Co. 81611 Parcel # 273512129803 We hereby consent to the filing of the above referenced Land Use Application. Matthew Loden, General Manager AMFS, is authorized to represent the application as well as the Development Team reporting to Mr. Loden. Respect ally, Amy % _ um, Ex-cutiivee Vice-President, The Aspen Institute Ian Fletcher, CEO, Aspen Music School & Festival -Z_ A,�5 VIC l'0 Jane\Kelly, Administrative Vice-pr ident, Aspen Center for Physics 'arcel Detail hltp: / /www.pilkmasscssororg/assessor /Farce, asp'!AccountN wnbcr =I UI -KW Exhibit 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search 1 Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder IZect•plion Search 1 •Freasurer r fax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I 1 nd Detail I Photographs Tax Area I Account Number I Parcel Number I 2010 Mill Levy I 00I I R014028 I 273512129809 I 26308 Primary Owner Name and Address (ASPEN INSTITUTE INC 1000 N THIRD ST (ASPEN, CO 81611 Additional (honer Detail Business Name (ASPEN INSTITUTE- AUDITORIUM & FACILITY Legal Description Subdivision: ASPEN MEADOWS Lot: 1 -B ACADEMIC FACILITY & AUDITORIUM Location Physical Address: 11000 N THIRD ST ASPEN Subdivision: (ASPEN MEADOWS Land Acres: 0.000 Land Sq Ft: 10 2011 Property Value Summary Actual Value Assessed Value Land: I 250,000 72,500 Improvements: I 0 0 Total: I 250,000 72,500 of 2 11/9/11 3:16 PN 'arcel Detail http: / /www.pilkmassessocorg /assessor /1'arcel asp7AccountNumber= 1itlI.M51 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Oucry I Assessor Sales Search ('Icrk Kr Recorder Reception Search I Treasurer Tax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail. I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Area Account Number Parcel Number 1 2010 Mill Levy 001 I R013680 I 273512129802 I 26.708 Primary Owner Name and Address [MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD 'ASPEN, CO 81611 -8500 Additional Owner Detail Business Name (HARRIS HALL & MUSIC TENT Legal Description (Subdivision: ASPEN MEADOWS Lot: 2 Location Physical Address: 1960 N THIRD ST ASPEN Subdivision: (ASPEN MEADOWS Land Acres: 8.270 Land Sq Ft: 10 2011 Property Value Summary Actual Value 1 Assessed Value Land: 1,801,600 522,460 Improvements: 1 3,620,000 1,049 ,800 Total: I 5,421,6001 1 ,572260 'arcel Uelail bttp: //www.pi[kmassessor.org/ assessor /I'arcel.asp'!AccountNUmber =Rt I J3 / Pitkin County Assessor Parcel Detail Information Assessor Property Scarch I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search I 'lreasurer'Fax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential /Commercial Improvement Derail Owner Detail I band Detail I Photographs Tax Area Account Number Parcel Number 2010 Mill Levy 1 1101 1 R015372 1 273512129803 ' 26.708 Primary Owner Name and Address ASPEN CENTER FOR PHYSICS 1700 F, GILLESPIE ASPEN, CO 81611 Additional ()wrier Detail Business Name 'MON'T'ESSORI SCHOOL Legal Description 'Subdivision: ASPEN MEADOWS Lot: 3 Location Physical Address: 700 W GILLESPIE ST ASPEN Subdivision: 'ASPEN MEADOWS Land Acres: 11.097 Land Sq Ft: 10 2011 Property Value Summary Actual Value ' Assessed Value Land: 1 81,900 23,750 Improvements: 1 176,600 51,210 Total: 1 258,5001 74,960 of 2 I I /9/ 11 3:18 PN . Exhibit 4 ATTACHMENT 2 —LAND USE APPLICATION ///777 PROJECT: _ Y { // ✓ �y� Name: Crd, 3 ,r, T . Location: ( I n . Cate street ad• s, 1• & bloc num.er, egal description where appropriate) Parcel ID# RESUIRED Y */, ; / �� ✓ / ` / ;f • APPLICANT: � /�� 0 Name: r 0 /taw ea, Address: I Phone #: � 01 • to • *, r r REPRESENTATIVE: /��� � //� Name: // • � V �i ee. I li Address: i /� a o r �,yh Phone #: � !/ • � �if l��C 4 � � 1 [.�l' � � � / �/ `Y 1 �1r. TYPE OF APPLICATION: (please check all that apply): �, ❑ GMQS Exemption ❑ Conceptual PUD Ly' I emporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use Extgrit G CONDMON$: (de • ription of e , . sting bui sings, uses, pr io s app als, etc.) 1 )Iii L / 4 14 ' Aithal c. i- `.,i 'A/ OS. nzii Imo' a, IlI , ha PROPOSAL* - descri .tion of .ro.ose. bu / u -s, mom fications, et , i ,/ rmorainver 1 rt atgun.���i�'.� ' _ '�i'CJSIamin g i y 'it- Have ou a ched the 1 Ilo ng? FEES DUE: U�j3r Application Conference Summary O chment #1, Signed Fee Agreement e to Attachment #3, Dimensional Requirements Form esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM ��p� Project: l�&t to V/ �7 1 e W lb Vow/risen Applicant: i�lu�1 er OMR war. Location: rang! yam L' 1� ��it:�.'�r�i�a:����� .�r Zone District: jo m array �J 7�aV1 f1 'Tgel(i Lot Size: Lot Area: A (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: ti Number of residential units: Existing: Proposed: • Number of bedrooms: Existing: Proposed: j Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: y Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed :1 On -Site parking: Existing: Required: Proposed: 01 �1 % Site coverage: Existing: Required: Proposed :: 1 '*1 "A Open Space: Existing: Required: Proposed :0 Front Setback: Existing: Required: Proposed: :t 0 Rear Setback: Existing: Required: Proposed: q ri Combined F /R: Existing: Required: Proposed: 4 Side Setback: Existing: Required: Proposed: /it rift "A Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: " or Distance Between Existing Required: Proposed :.91 Buildings Existing non - conformities or encroachments: Variations requested: POW, Exhibit 5 Co.viniuNl ry DEv h:i.opvIENT DH:p,uz F Lim Agreement to Pay Application Fees An agreement between the City of Aspen ( "City ") and p, )�► Property ` � Phone No.: 11 1' Afitat Owner ( „I "): /, I V1n / 141 Email: 1 & �1 4 ,j Address y: /1 f �Ci <,ir Billing C 0 1 { li .,,,•.,,A .x�•�gYQ Property: ( V✓ U "�"�� \ \\ Address: �iV' Care °� (V/ //// 1 . (subject of (send bills here) � / W eiol1 application) i I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non - refundable. $ 945.00 flat fee for Parks referral $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non - payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,260.00 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. j$265.00 hourly billing is applicable to this Temporary Use application) City of Aspen: Property Owner: 0104 0 G / 411151I Chris Bendon, V�V Community Development Director Name: Mit City Use: Title: , Fees Due: $ Received: $ Su�in�h�r. '01 I (I!A t11 ,A I In S (i tIcwr Si. I' >'UI k)2()-5(No Exhibit 6 335 LAKE AVE LLC 507 W GILLESPIE LLC 600 NORTH STREET LLC 715 W MAIN ST #101 PO BOX 1470 1427 CLARKVIEW ROAD # 500 ASPEN, CO 81611 ASPEN, CO 81612 BALTIMORE, MD 21209 618 SMUGGLER LLC 630 MEADOWS COLORADO TRUST 650 MEADOWS ROAD LLC 4212 BELCLAIRE C/O GOULD & RATNER/JXC 101 FIRST ST #508 DALLAS, TX 75205 222 N LASALLE ST SUITE 800 LOS ALTOS, CA 94022 CHICAGO, IL 60601 675 MEADOWS RD LLC 810 W SMUGGLER LLC 8TH ONE LLC 0124 TOTTERDOWN RD 4040 NE 2ND AVE #414 98 SAN JACINTO BLVD #430 ASPEN, CO 81611 MIAMI, FL 33137 AUSTIN, TX 78701 AMERY SALADIN AML INVESTMENT II LLC ANTHONY JULIE KATHLEEN 619 N FOURTH ST 430 PARKSON RD 655 MEADOWS RD ASPEN, CO 81611 HENDERSON, NV 89015 ASPEN, CO 81611 ARESTY WENDY ASPEN 805 LLC ASPEN ENDEAVORS LLC 330 GILLESPIE ST 44 COOK ST #200 401 N MICHIGAN AVE, STE 3200 ASPEN, CO 81611 DENVER, CO 80206 CHICAGO, IL 606114207 ASPEN FAMILY INVESTMENTS LLC AULD ROBERT H & CAROL C BAIRD STEPHEN W & SUSAN MERRI 8401 VISTA LN 730 W SMUGGLER AVE TRUSTEES PRESCOTT, AZ 86305 ASPEN, CO 81611 120 S LASALLE ST CHICAGO, IL 60603 BARABE CAROLYN BART QUAL PER RES TRST BEAR ALLEY LLC 790 CASTLE CREEK DR 909 POYDRAS ST 20TH FL 160 RIVERSIDE DR #14 -A ASPEN, CO 81611 NEW ORLEANS, LA 70112 NEW YORK, NY 10024 BECKLEY JOHN W & MARY ANN P BELL 26 LLC BERGER BRUCE C 2011 QPRT #1 50 16818 FALLS RD PO BOX 1860 BERGER BARBARA 2011 QPRT #1 5C UPPERCO, MD 21155 BENTONVILLE, AR 72712 600 E HOPKINS AVE #202 ASPEN, CO 81611 BLACKWELL CLARENCE A & ANNE H BOOTH OTIS RES TRUST BURROWS ANNE W 635 W GILLESPIE 10431 BELLAGIO RD 505 N 5TH ST ASPEN, CO 81611 LOS ANGELES, CA 90077 ASPEN, CO 81611 CERISE JAMES M CHATFIELD CROSSINGS INC CHOUMAS JOHN JAMES & PATRICIA 790 CASTLE CREEK DR C/O DWORMAN DARRYL BLDG 300 BAYS 313 -314 ASPEN, CO 81611 65 W 55TH ST STE 4A 1601 E OLYMPIC BLVD NEW YORK, NY 10019 LOS ANGELES, CA 90021 HOLMES AUDREY P JACKSON LAND COMPANY JOHNSON CHRISTOPHER W 660 MEADOWS RD C/0 FRANNIE DITTMER &STEVEN 834 5TH AVE #11B ASPEN, CO 81611 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JOHN S JR 178 SOPRIS MESA DR 444 MADISON AVE 4TH FL PO BOX 8991 CARBONDALE, CO 816233150 NEW YORK, NY 10022 ASPEN, CO 81612 MULBERRY DRIVE WHITTIER LLC MUSGRAVE MARJORY M NEW WEISMAN FAMILY LP 10940 WILSHIRE BLVD #2250 629 W NORTH ST 9255 DOHENY RD #1404 LOS ANGELES, CA 90024 ASPEN, CO 81611 WEST HOLLYWOOD, CA 90069 NICHOLS W ROBERT & BEVERLY B NITZE WILLIAM A NORTH 4TH STREET ASSOC 415 NORTH LOOP 12 1537 28TH ST NW PO BOX 7943 IRVING, TX 75061 WASHINGTON, DC 20007 ASPEN, CO 81612 ODOM JOHN A JR FAM TRUST 50% PARELMAN ALLEN G REV TRUST PETERSON JAMES D & HENSLEY R ODOM LORRIE FURMAN QPRT 50% 734 W SMUGGLER PO BOX 1714 11490 W 38TH AVE ASPEN, CO 81611 ASPEN, CO 81612 WHEATRIDGE, CO 80033 CHRIST EPISCOPAL CHURCH CITY OF ASPEN COLGATE S A & R W TRST 536 W NORTH ST ATTN FINANCE DEPT 422 ESTANTE ASPEN, CO 81611 130 S GALENA ST LOS ALAMOS, NM 87544 ASPEN, CO 81611 COLLINS CHARLES & JANICE S CRAIG CAROL G CURTIS JAMES L 531 W GILLESPIE ST PO BOX 18 300 E HYMAN AVE ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81611 DALENSON THEODOR & ISABELLA DEMPSEY 1996 REV TRUST DIGIGLIA LE RAY C/O ALPINE VALLEY SERVICES 490 S CALIFORNIA AVE #200 DIGIGLIA JOHN WILLIAM 402 WIDGET ST PALO ALTO, CA 94306 PO BOX 4305 BASALT, CO 81621 ASPEN, CO 81612 DITTMER THOMAS H TRST DML REALTY LLC DURAND LOYAL III DR & BERNICE C/O STEVEN SPECTOR LLC BLACK PO BOX 305 150 S WACKER DR #1200 CHAVIES, KY 41727 415 PEARL CT CHICAGO, IL 60606 ASPEN, CO 816111256 E A ALTEMUS PARTNERSHIP LLLP EBRAHIMI FRANCESCA ELLIOTT ELYSE A PO BOX 5000 619 N FOURTH ST 610 NORTH ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 F430 LLC FALENDER STEVEN & DEBRA FARVER CHARLES F 51 WINDING BROOK DR 603 W GILLESPIE ST 617 FRANKLIN PL #200 SARATOGA SPGS, NY 12866 ASPEN, CO 81611 PELLA, IA 50219 FELDER RICHARD & DEBORAH LIV FERGUSON JAMES L REV TRUST 50% FOX SAM & MARILYN TRUST PO BOX 895 7701 FORSYTH BLVD 11498 E CAROL WAY CHARLESTON, SC 29402 CLAYTON, MO 63105 SCOTTSDALE, AZ 85259 -2620 FRAZER WILLIAM R & JANE Z TRST GANTZEL STEEN GIFFORD QPRT GOLDRICH REV TRUST MELINDA 433 W GILLESPIE 705 MEADOWS RD 630 W HALLAM ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-1173 GOLDSBURY CHRISTOPHER JR REV GOLDSMITH JOHN & BARBARA L HANSEN SALLY TRUST 733 25TH ST PO BOX 9343 102 W GRAYSON SANTA MONICA, CA 90402 -3143 ASPEN, CO 81612 SAN ANTONIO, TX 78212 HARRIS JOAN W REV TRUST 50% HERNANDEZ CECIL M & NOELLE C HOFFMAN LARRY J & DEBORAH HARRIS JOAN W QPR TRUST 50% PO BOX 1045 1221 BRICKELL AVE 209 E LAKE SHORE DR ASPEN, CO 81612 MIAMI, FL 33131 CHICAGO, IL 60611 • PINES DAVID & ARONELLE S TRST PITKIN COUNTY PORTER HOUSE STAKE LLC PO BOX 576 530E MAIN ST #302 1111 RACE ST TESUOUE, NM 87574 ASPEN, CO 81611 DENVER, CO 80206 POWELL WILLIAM E & DANA D REED PRESLEY 0 & PATRICIA RICHARDS ANN K 11 LYNN BATTS LN #100 375 BELLEVUE DR 1537 28TH ST NW SAN ANTONIO, TX 78218 BOULDER, CO 80302 WASHINGTON, DC 20007 RIVER ONE LLC RIVERSIDE AVENUE LLC ROSE ALLAN V C/O PATHSTONE FAMILY OFFICE, LLC 410 LAKE AVE ONE EXECUTIVE BLVD PO BOX 52047 ASPEN, CO 81611 YONKERS, NY 10701 ATLANTA, GA 30355 SALTER JAMES SANT ASPEN RESIDENCE TRUST SARPA JOHN G & JAN JONES SARP, 500 NORTH ST MARALYNN VIERSEN SANT TRUST 71 MEADOWS TRUSTEE RD ASPEN, CO 81611 PO BOX 702708 ASPEN, CO 81611 TULSA, OK 741702708 SHERMAN HARRIS D 1/2 SIMPKINS B DOUGLAS JR 1/3 SMITH VICTORIA LEA 5401 E DAKOTA #20 P.O BOX 7954 1160 PARK AVE DENVER, CO 80246 ASPEN, CO 81612 NEW YORK, NY 10128 SMOOKE BARRY ASPEN TRUST 50% STRICKLAND MARCIA 0 STUNDA STEVEN R SMOOKE JULIE ASPEN TRUST 50% 1991 E ALAMEDA AVE #9 602 N 4TH ST 155 5TH ANITA DR DENVER, CO 80209 ASPEN, CO 81611 -1212 LOS ANGELES, CA 90049 UHLFELDER NAOMI VANDERAA GILBERT T III WALDECK VIVIAN G 111 EMERSON ST #1841 C/O HOOTENANNY LLC 915 W NORTH ST DENVER, CO 802183792 205 S MILL ST #226 ASPEN, CO 81611 -1171 ASPEN, CO 81611 WALNUT CREEK RANCH LLC WESTVIEW HOLDINGS LLC WING KAREN FAM LTD PTNSHP 4520 MAIN ST STE 1060 102 W GRAYSON C/O BOW DITCH & DEWWY, LLP KANSAS CITY, MO 64111 -1816 SAN ANTONIO, TX 78212 ONE INTERNATIONAL PL 44TH FL BOSTON, MA 021102602 WOOD DUCK REALTY CORP WRIGLEY WILLIAM JR RES TRST WURTELE CHRISTOPHER C TRUST C/O LUCY ALMODOVAR 401 N MICHIGAN AVE STE 3200 895 ROARING FORK RD 645 FIFTH AVE 8TH FLOOR CHICAGO, IL 606114207 ASPEN, CO 81611 NEW YORK, NY 10022 ZODIAC ASPEN LLC 300 LENORA ST #170 SEATTLE, WA 98121 Exhibit 7 CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429 -2759 DATE: 11/3/2011 PROJECT: Aspen Institute, Specially Planned Area (SPA) REPRESENTATIVE: Jim Curtis TYPE OF APPLICATION: Temporary Use DESCRIPTION: The Aspen Institute, in conjunction with the Aspen Music Festival and School and the Aspen Center for Physics, is considering temporarily permitting Aspen Country Day to house their school operations on the Institute's campus during redevelopment of the school's existing facility and the Institute's off season. Currently the school serves approximately 206 students and 120 families. To operate the school campus, temporary trailers are being proposed in the parking lot along Gillespie and in a rear parking lot, a temporary gym is being proposed as well as use of the existing buildings on the site. Aspen Country Day intends to begin the school season in September of 2012 ending in May of 2013. Setting up of the temporary facilities is proposed in August with breakdown in May. The operation of the school will include the transport of students and faculty to and from the campus. As traffic mitigation has been raised in other institute applications, statT recommends that the application discuss traffic management and all of the TDM measures the institute implements. Temporary uses may be granted for up to 180 days, with the ability to request for one extension. As the set up, operation, and breakdown of the school operation exceeds the 180 days (approximately 10 months), staff recommends that the applicant request an extension as part of the temporary use application. Additionally, the applicant may want to request the temporary use to occur in either the 2012/2013 or the 2013/2014 school year depending on the school's construction timeframe. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses Review by: Staff for complete application Referral agencies for technical considerations City Council (Final Decision making body) Public Hearing: Yes at City Council Planning Fees: $1,260.00 Deposit for 4 hours of staff time (additional stafftime required is billed at $315 per hour) Referral Fees: Parks ($945.00 — flat fee) Engineering ($265.00 per hour which will be billed during the course of the review) Total Deposit: $2,205.00 Total Number of Application Copies: 12 To apply, submit the following information: 1. Total Deposit for review of application. Page 1 of 2 • 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre - application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 8. Existing and proposed site plan, landscaping plan, and parking plan. 9. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13. All other materials required pursuant to the specific submittal requirements. 14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)- preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. :Vi : 1 •:)"Ot: al 51031 HOW MVA 29190 31LL00 1 oinnd „0 - .09 = „l ss3Haav ∎y i,. 3N. Y ... a.wo,eA MOON. S 1 D 3 1 1 H J b • E 9L59.LZ6-0L6..i z£Lll ll /OE /ll SndWtl� 9M-6U-0M 91. 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MU -- — : , i 0 < (I) \ z O 0 � � Z O o W o O CC i { I I I — Q 11111 1 > 0 I { — s W U D 11 t W IIIIII 7i = = I _ J < 1 111 1 _ �—�- -� J U 1;1111 ■ W \ Z 1 1 11 1 �� -1-J� W W 1441 __ _ _ / Z O 1 _ 1 ;1111 Wall MI „0 - .b Q Z o 111111 H 0 1 1 1 1 I I °1 :— Z 4111 = 1 � O oQ ;llhm 1� 0 ' 1 4 1 1 11 11111 = D- W' › {'I'I 11III o❑O , c MI i i i • p 1 1 ' II 1 ■ > 114 P i l l • — O (n 1 1 1 4 c 111, 1 ■_ ® • c i O - Iii, —+' 11 — � ■ U)� ”, 441 11 1 - ;=_ .— fl) p Q VIII 1 __1■ ¢�U hi �I II ___•— Q 1IJji = 1■ U J O 1 _ 1 11 ; .. �_ • J 1) IL; 11 � - 1 1.1 Q Z Q hill 1 1 1 .�— VI 1 1 4 .■ — 111 O W ;IIII 11 O ~Z 1{111 Ell • Z 11111 � 1 1 1 11 1 11 1 _ 111 1 1 1 1 1 1 1 _ 1141t 1 �� 1 1 ;1 ;1;1, 11111 i ihl- 1.1 RECEIVED DEC 2 0 2011 SUPPLEMENTAL ADDENDUM CITY OF ASPEN TO: Jennifer Phelan COMMUNITY DEVELOPMENT City of Aspen Community Development Office FROM: Matthew Loden Aspen Music Festival & School, Project Contact Carolyn Hines Aspen Country Day School Representative DATE: December 21, 2011 RE: Supplemental Addendum Temporary Use Permit Application, Dated 12/2/11 Aspen Country Day School Temporary Relocation Coming from the City Staff review meeting on December 12, there are a few key items the Applicant wishes to address as outlined below: 1. "Traffic, Parking, Circulation & Buses Mitigation Plan", Exhibit 1 of the Application. The Mitigation Plan has been refined based on the comments from City Staff. The updated plan is attached. Three changes are highlighted as discussed at the December 12 meeting and are shown on updated drawing TUP -4 attached. a. The proposed 4 Way Stop Signs at Gillespie and 5th have been eliminated based on the comments from the City Engineer. Applicant will continue to work with the City Engineer to discuss safety improvements for this intersection. b. The Cross -Town Shuttle turnaround & stop has been revised based on the comments from the City Transportation Planner. The shuttle route and stop is now proposed on Gillespie Street verses the AMFS parking lot. c. The School Zone Designation is still proposed by the Applicant and was conceptually supported at the December 12 meeting. Applicant will continue to work with the City Engineer on the specifics of a School Zone Plan as part of Building Permit Review. CityAspCommDevelSupplementalAddendum 1 of 2 2. Gillespie Street Landscaping. Applicant met with the Parks Department on December 12 to discuss possible landscaping improvements within the Gillespie Street R.O.W. The major concern is doing any landscaping improvements which could possibility harm the root systems of the existing cottonwoods lining the north side of the street. Therefore, applicant proposes the following improvements: 1. Landscaping the 3rd Street and 5th Street driveway entrances and the 4th Street walkway entrance; 2. Clean-up the existing walkway path on the north side of Gillespie Street most likely with a crusher fine path and railroad tie edger. Specific plans for the above improvements will be submitted to the Parks and Engineering Departments for a R.O.W. Permit after the City Council hearings. It is felt these improvements will clean-up the appearance of Gillespie Street without harming the root systems of the existing cottonwoods. 3. USA Pro Cycling Challenge Race. Applicant will make the east side of the AMFS parking lot available for race staging if requested by the City. If the parking lot is used, the set -up in the east side of the lot will need to be closely coordinated as Applicant will concurrently be setting -up in the west side of the lot. Please let us know if there are other specific items you would like us to address before the January 9 City Council meeting. Thank you and City Staff for your assistance to date. CityAspCommDevelSupplementalAddendum 2 of 2 Exhibit 1 Updated 12/20/11 Traffic, Parking, Circulation & Buses Mitigation Plan As Aspen Country Day School plans for a nine -month relocation to the Aspen Meadows, we have focused on the traffic impacts on the Meadows campus and the adjacent neighborhood. We have analyzed the demographic information of our current families, reviewed traffic numbers from previous years, collected current traffic information, and evaluated our current resources to develop a plan that will address this issue. Our goals for this mitigation plan are: • To reduce the impact of student, parent, and teacher traffic on the Aspen community in general, and the West End neighborhood in particular To proactively communicate with our school community and consistently communicate with the surrounding neighborhood, so we can be responsive to their concems. Background: In 2006, MAA and ACDS retained Krager & Associates of Denver, CO to produce a traffic study in conjunction with the development of a master plan for the Castle Creek campus. The study confirmed that the peak traffic hours for the school are from 7:45- 8:30AM and 2:45 -3:15 PM from Monday- Friday. They compiled data on actual "trips" to campus during these peak periods. To balance this data, the school collected similar data on vehicle trips on November 3, 2011. The chart below reflects both the 2006 data and 2011 data. Please note that the 2011 data was collected from 7:00 -8:45 AM and 2:30- 3:30PM. The entry and exit numbers do not match due to vehicles departing outside the data collection times. Many faculty depart after 3:30 as indicated in the staff vehicle PM exit count. As expected, there are fewer PM parent vehicle trips because more students ride the bus directly to after - school activities. Vehicle '.... Trips to Castle '. Creek '.. • . Campu s During '.. Peak Hours Novem 2006 ber 3, ',. 2011 AM PM AM PM Trip Enter Exit Total Enter Exit Total Enter Exit Total Enter _ Exit Total '.. Type ACDS Staff 26 0 26 26 26 35 35 18 18 vehicle Parent Driving 43 ! 43 86 43 43 86 75 70 145 58 55 113 Student - '... s Bus 3 3 3 _3 3 3 l 3 l 3 TOTA, 72 43 I 115 43 72 115 a 113 70 183 58 I 76 134 L:I To provide a perspective on the traffic counts reported by Krager & Associates, the table below shows the total enrollment of the school, the full -time equivalent enrollment of the school, total enrollment from grades K -8, the total bus ridership, the total down valley bus riders (Carbondale to Snowmass Village Intercept lot) identified as consistent or part -time riders and up valley riders (Aspen, Highlands, Cemetery Lane) identified as consistent or part-time riders for the school years 2006 -7 to the present. For clarification, the full -time equivalent enrollment takes into account the fact that PK students do not come five days a week. Additionally, PK students ride the bus for free and are not included in the bus ridership numbers. Therefore, the base number of students to compare bus ridership is the "Enrollment K -8. "The school anticipates that the enrollment numbers for the 2012 -13 school year will mirror the present. 2005 -6 2006-7 I 2007-8 2008-9 . 2009 -10 2010 -11 l 2011 -12 as iof10 /31/11' Total Student 195 187 203 205 208 207 207 enrollment . 1 Full -time equivalent 184.8 180 194 192 197 192 194 -- '.enrollment i, E nrollment 1 157 154 162 165 175 171 182 Total 122 126 136 139 141 136 138 Households _...__r - . 1 Total bus 100 106 113 128 130 124 105 ridership Total Down valley Bus 55 60 55 66 71 67 58 ridership Consistent 30 38 33 33 37 34 37 Part-time 25 22 22 33 34 33 21 Up valley Bus 45 46 58 62 59 57 47 ridership Consistent 14 14 13 13 12 9 9 Part-time 31 32 ... 45 _.._ 49 47 48 38 The school has also committed to a down valley faculty vehicle to encourage carpooling. When the school was able to provide a 14- passenger van, six to 10 faculty typically rode in the van. Due to safety considerations, we replaced the van with a Suburban for the 2010-11 school year, and it is usually filled with 5 -8 faculty. The table below reflects the total number of employees at the school and their area of residence. ■ _._ .... ...... _... _.. s 2011 a -12 i 2005 -6 2006 -7 2007 -8 2008 -9 2009 -10 2010 -11 201 12 / a s! 10 /3 1 / Total 14 of i 42 45 45 51 50 50 52 I employees I i - __ — _ ,� ___ "— T otal # 34 37 j 37 42 40 39 41 faculty , �.,. i Total #t ! faculty; living 20 23 20 22 24 21 21 Carbondale ! SMV Total #r faculty] living: 14 14 17 20 16 18 20 AABC Aspen; Total # staff 1 8 8 8 _ 9 10 11 11 Total # staff living 2 2 2 5 6 6 6 Carbondale SMV 1 ..44. . ._ �_ _ __ ._ _ _ { __. i ._ _.__ _ _. Total #staff living 6 6 6 4 4 i 5 5 AABC -i 1 I Aspen: i Mitigation Plan As already noted, ACDS will focus on reducing the impact of student, parent, and teacher traffic on the Aspen community in general, and the West End neighborhood in particular. The critical parts of this effort are: • The school will provide its bus service at no charge to the students for the 2012 -13 school year. Currently, the school charges $150 per month per student to ride the bus full -time. To encourage more ridership, we do provide a 50% sibling discount; half the monthly fee for students who select only AM or PM participation; as well as a flat $5.00 per ride charge for students using the service on a random basis. We believe that a free service is the best incentive to motivate increased ridership on school buses. To provide a context for the financial impact of this decision, the following chart reflects the school's total transportation budget for the past three years, the current year as well as a financial projection reflecting the total subsidy of a free bus service next year. 2008 -9 2009 -10 2010 -11 2011 -12 2012 -13 Forecast Total lncome 56,268.00 60,734 00 53,120.00 57,422.00 0.00 Expenses Repairs & 6,740.00 14,254.00 4,113.00 ' 14,023.00 9,782.50 Maintenance Transportation 15,558.00 16,108.00 22,005.00 18325.00 18,099.00 Supplies Bus driver 64,071.00 66,643.00 56,112.00 65,770.00 63,149.00 'salaries Total Expenses 86 369.00 97,005 00 82 230.00 98,518.00 , 91 030.50 E 1 _ 4 . Total Subsidy 30 101 00 P 36,271 00 r 29,110.00 i 41,096.00 k ~ 91 1 j ! 1 _ ._..��_. , . � Capital purchases' 88 556.00 - ! 17,000.00 , } 30,000.00 � _ • To accommodate this increased ridership, the school will commit to providing additional bus routes. At this time, the school runs three bus routes - down valley (Carbondale to AABC), Aspen, Highlands /Cemetery Lane. With the goal of accommodating increased ridership, the school is planning to offer four routes next year. The most effective reorganization will be to split the current down valley service into two different routes to increase the total down valley bus capacity. The school intends to have one bus serve Carbondale to Basalt with another bus serving Old Snowmass to AABC. Based on the current demographics of where our students currently live, we believe that this route change has the greatest potential impact. The chart below accounts for all of our current students PK -8 and identifies where in the valley they access Highway 82. As is reflected in the chart, the down valley bus could have 59 students, the mid valley bus could have 61 students, and the two up valley routes would accommodate the remaining 84 students. Where students are from this year '(2011 -12) Entry point TO HWY82# of Students EP entry Entry pt sublrunningtotal 1 Highway 133 _ 13 1 13 _.._._...._Z ..._ ._.._..- __.._.. ....Catherine Store -, 5 18 3 El Jebel 15 4 Aspen Junction - 5 _._,,.__......._ 38 _._. _ 5 Basalt _ -_ 21 59 6 Old Snowmass 20 - }-- - ' 7 Aspen Village 1 10 n__. .._.._ 8 Brush Creek _ _ . ___ .,.__ -.__, - - 9 Aspen Business Center 105 ...... - - - - - - - - - -- - - 10 Owl Creek 5 110 t- 11 Buttermilk to roundabout ` „— _._ 10 � . 120 12 Maroon Creek 15 135 -- - - -- ._.. ._ 8 143 13 Castle Creek - 161 -- te 18- 14 Cemetery Lane 193 - - t 32 15 Downtown - - °” 16 East of Town 11 204 Based on our intent to use the existing circulation pattem through the Gillespie lots, we plan to have all buses use 3r street each morning. The three non -Aspen buses will travel north on 3` St. from Main St. to the campus. The Aspen in -town route will be determined by actual bus ridership but will ultimately access the campus off of 3 St. as well. In the afternoon, our in -town route will leave the campus at the 5` St. exit and begin its route through the West End, which will also be dictated by daily ridership. The three other buses will leave from the 5` St. exit and continue down 5 Street to Main St. • To further.reduce the number of car trips to campus, the school will also commit resources to additional faculty transportation options. The school, as noted earlier, currently provides a Chevy Suburban to down valley faculty to utilize for car - pooling. It is currently used at capacity most days, and we believe we would have additional riders with a larger vehicle. To achieve this goal, the school will purchase a 14- passenger vehicle, which will nearly double the down valley capacity. The additional vehicle with this capacity for the down valley group will enable the Suburban to be committed to an in -town car pool. With many faculty clustered in the east end of town, Hunter Creek and Smuggler area, the Suburban will reduce a good number of car trips by faculty. • The in town location of the Meadows campus will also allow many students and staff to either walk or bike to school. The proximity of the school will motivate students and staff to seek alternative ways to get to campus each day. The school will work with the City Transportation and Engineering departments to implement signage that defines a "School Zone ", which will create a safer environment for bikes and pedestrians on the adjacent roads. To incentivize students and staff to use different forms of transportation, the school will develop a walk/bike leader program that recognizes and rewards individuals using alternate transportation. • With the support of the MAA, ACDS will offer a fleet of bicycles for faculty use during the day. Invariably, faculty need to go into town on school business. To reduce vehicle trips, the school will provide a fleet of bicycles for this purpose. The bicycles will also be available to faculty who are willing to commit to their daily commute on two wheels. • The school will utilize the existing resources and programs that the City has in place to better educate faculty about transportation options and to encourage them to participate in the alternatives. The school is already a member of the City's Transportation Options Program and is aware of the benefits that this program offers. Through the grants awarded by this program, the school can incentivize faculty to carpool, and it can develop meaningful rewards for the walk/bike leaders. Additionally, through the City's CommuterConnect software and the network of TOP, the school's faculty will have an opportunity to coordinate with other commuters who are on a similar schedule, Aspen School District, or are proximate to the proposed campus, the Aspen Meadows staff. These outreach programs allow the school to leverage the work of the City to implement more efficient ways to bring faculty to campus. The other important part of the school's mitigation plan is to proactively communicate with our families about transport expectations and to establish clear lines of communication with the neighbors to inform and respond to them. • The eastern portion of the Music tent lot will be utilized for faculty and parent parking. Parking in this lot will be monitored by a permit system and the school will emphasize to all families that there is no on- street parking. In advance of September 2012, the school will collect vehicle data from all families and issue stickers to be affixed to all school vehicles using the lot. This system will enable us to manage parking in the lot and also to respond to any neighbor comments about vehicles using the adjacent streets for parking. The total capacity of the lot is about 100 vehicles. As illustrated in the "Vehicle Trip to Castle Creek Campus During Peak Hours" chart, the school currently requires about 40 parking spaces during normal school hours from 8:10 AM— 3:OOPM. We expect this need to drop based on this mitigation plan, but we also do need some flexibility for class events and performances. Regardless, the lot has excess capacity for the school's daily needs, and the permit system will allow us to monitor the situation as needed. • The school will actively manage and monitor the morning drop -off and afternoon pick -up so that all activity occurs within the Gillespie parking lots. The school clearly understands the concerns of the neighbors regarding parking on the streets and the disruption caused by the coming and going of the students. To supervise this situation, the school will have personnel directing traffic through the circulation corridor and the parking lots, as well as monitoring parking on the adjacent streets. The school will also be restricting access to the Paepcke parking lot behind the Music Tent. While this lot will remain available to all employees and patrons of the Aspen Institute, no ACDS parents will be driving to this area. Faculty will only be allowed to drop off classroom supplies. Service and delivery vehicles will have access to perform their required tasks. Otherwise, all ACDS traffic will be restricted to the Gillespie lot. • The school will actively manage the parking in the Gillespie lot to incentivize car- pooling to campus. As noted previously, there are about 100 spaces in the lot. The school has committed to restricting up to 15 spots for the Aspen Institute. Of the remaining spots, the school will sign a dozen for HOV parking. By allocating specific parking to faculty and families who carpool, the school will be encouraging this form of transportation. • The school has a few all- school events during the year that will bring large numbers of vehicles to the campus. All such events will be noticed to the surrounding neighborhood in advance, so they can be prepared and offer their feedback. Additionally, the school will commit to staging its outdoor education departures and arrivals from an off -site location. The nature of these trips requires a lot of gear as well as parent involvement, so we will identify a satellite location to reduce the congestion on these days. • The school will work with RFTA and the City Transportation Department to identify an alternate route for the cross -town shuttle. As the existing circulation pattern takes the bus through the entire parking lot and through Country Day's intended Lower School area, we would recommend that the route be adjusted to outside of the parking area. The school recommends that the cross -town shuttle stop be located on Gillespie at the end of the walking path that splits the parking lot. To facilitate this change, the school will remove the signs that designate the existing shuttle location in the lot and change the current "Hotel Shuttle" signage that is on Gillespie. The school will properly identify the Gillespie location with "Cross Town Shuttle" signage. All signage will be restored at the end of the 2012 -13 school year. • The school will work with the City Transportation and Engineering Departments to locate signage identifying the area as a "School Zone. "In the various neighborhood gatherings facilitated by the MAA and ACDS, neighbor feedback focused on the speed of vehicles traveling through the West End. To address this concern while also focusing on the safety of students, ACDS would propose some signage on Gillespie and the appropriate numbered streets to inform motorists that they are entering a school zone. As recommended traffic patterns through the neighborhood are better identified, the appropriate sign locations can be confirmed. • The school will coordinate all set -up and dismantling of the campus with the City and surrounding neighborhood. As noted, the school intends to compile a communication list of all adjacent property owners, so that they can be notified of any upcoming school events that would impact the neighborhood. This system will also be utilized to inform them of the logistics of creating the campus. Similarly, the school will keep the City informed of its construction plans. It has recently come to our attention that the Gillespie lots were used for staging of the USA Pro Cycling Challenge last year. With this event now landing in town for two days during the anticipated move -in time in August, the school will need to coordinate with the City Special Events department. While both activities can surely be accommodated in this area, clear communication and close coordination will be critical. The school has already begun the dialogue with the necessary City staff. In summary, the school will measure the success of its mitigation plan by: • Increasing down valley consistent bus ridership by 30% from 35 riders to 45 riders and doubling the number of consistent up valley riders from 9 to 18. • Doubling the number of faculty who carpool to campus from 7 to 14, by funding an additional faculty vehicle. • Reducing the number of AM and PM car trips to the Meadows campus by 40% from the 2011 average of 130 to an average of 78 or fewer at the Meadows. • Documenting all school vehicles on a master List and providing a school sticker to all of these vehicles to better track and enforce parking rules and specifically designate and monitor HOV parking spaces • Securing the necessary signage to identify a "School Zone" on the adjacent streets. Aspen Country Day School looks forward to implementing this plan to reduce the impact of its program on the West End neighbors. The school is excited about this possibility, and it welcomes the feedback of the adjacent homeowners and of City Council. The school is confident that this experience can be positive and successful for students and neighbors alike. 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NOIIIONOO ONIISIX3 01 Ib1IWIS `OlddVHI WnlbollOnV 3Nd3bd ONb 31ntIISNI N3dSb V MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Jessica Garrow, Long Range Planner j i V THRU: Chris Bendon, Community Development Director 1 I Ny RE: Growth Management Allotment Carry- Forward Review — Public Hearing Resolution No., Series of 2012 DATE: January 9, 2012 SUMMARY: The purpose of this public hearing is a review of the "unused" growth allotments from 2011 and a decision on the amount to "carry- forward" to the 2012 growth management year. Each year, a certain amount of growth is allotted for development projects. The available allotment is a combination of the standard annual allotment and the carry - forward allotment. Available development _ annual Carry-forward + allotment from prior allotments allotment year The City's Land Use Code specifies the annual allotments in various land use categories as follows: Development Typo Annual Allotment Residential — Free- Market 18 units Commercial 33,300 net leasable square feet Residential — Affordable Housing No annual limit Lodging 112 pillows Essential public facility No annual limit Growth allotments granted in 2011 are summarized in Exhibit A. No allotments for free - market residential units, commercial net leasable space, or lodging pillows were granted in 2011. According to the Land Use Code, "the City Council shall determine the amount of unused and unclaimed allotments, for each type of development, and may assign the unused allotment to become part of the available development allotment for future projects. There is no limit, other than that implemented by the City Council, on the amount of potential growth that may be carried forward to the next year." This year, City Council may carry- forward up to 18 free - market residential allotments, 33,300 square feet of commercial space, and 112 lodging pillows, which went unclaimed in 2011. 1 The Land Use Code provides criteria for this carry- forward review. The City Council may carry forward any portion of the previous year's unused allotment, including all or none. "The City Council shall consider the following criteria in determining the allotments to be carried forward: 1. The goals and objectives of the Aspen Area Community Plan. 2. The community's growth rate over the preceding five -year period. 3. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 4. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Considering these criteria, staff recommends that none of the potential growth be carried forward. A more detailed analysis of these review criteria can be found in Exhibit B. RECOMMENDATION: / 1" Staff recommends City Council approve Resolution No. "f , Series of 2012, carrying- forward none of the unused 2011 growth management allotments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. g, Series of 2012. ALTERNATE MOTION: "I move to approve Resolution No. It , Series of 2012, with the following amendments ATTACHMENTS: , c Proposed Resolution No. "f , Series 2012 Exhibit A — Summary of 2011 growth management allotments Exhibit B — Carry Forward Review Criteria 2 RESOLUTION NO. (SERIES OF 2012) A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE "CARRY- FORWARD" GROWTH MANAGEMENT ALLOTMENT FOR 2012. WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.D and 26.470.040F, the City Council shall review, during a public hearing, the prior year's growth summary, consider a recommendation from the Community Development Director, consider comments from the general public and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment; and, WHEREAS, pursuant to said sections and considering the following criteria, the Community Development Director has provided a recommendation to carry-forward none of the unused growth management allotments from 2011: 1. The goals and objectives of the Aspen Area Community Plan. 2. The community's growth rate over the preceding five -year period. 3. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 4. The expected impact from approved developments that have obtained allotments, but that have not yet been built; and, WHEREAS, during a duly noticed public hearing on January 9, 2012 the City Council considered the recommendation by the Community Development Director, comments from the general public at a public hearing, and the above criteria and approved Resolution No. , Series of 2012, by a to — vote; and, WHEREAS, the City Council finds that the decision to carry forward none of the unused growth allotments from 2012 meets or exceeds all applicable standards and is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council carries forward none of the unused growth management allotments from 2011 to be available in 2012. RESOLVED, APPROVED, AND ADOPTED FINALLY this 9 day of January, 2012. Approved as to form: Approved as to content: City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk 0 0 — ( ) 3 _ 4 t o : ▪ \! [ / ■ � f k ( /} i\ I { 40 ! ! \ » © \i | / ` ..< 5. j } * _ . „ El a . � § ! a ,a f ! / O A © 0 • 1 — 1 | 7 / — • ( k ( I { a, ■ _ e ! [ o . , . $ T. — 3 0. o 2 . § £ 7£ • c o c s & gi • ; - © ; ; ; k g. / E. } ■ 0 ■ z z j gi en a . n ». | ( E` E to { 0 N . $ k !% SD n , n ;2 o. s oM ! 4 < `) at 5 ID ▪ \\ Exhibit B: Growth Management Carry - Forward Review 26.470.030.F, Accounting Procedure: "The City Council shall consider the following criteria in determining the allotments to be carried forward:" 1. The goals and objectives of the Aspen Area Community Plan. Staff Response: One of the main goals in the 2000 AACP was to control growth at a 2% rate. The current Growth Management System does this for new free - market, commercial, and lodging development through the use of allotments. All of the available allotments for 2011 went unclaimed. While this means the City of Aspen is within the 2% permitted growth rate for 2011, rolling the allotments over could result in a higher growth rate in the future if those allotments are used. 2. The community's growth rate over the preceding five period. Staff Response: The growth rate has been fairly consistent over the past few years, and has almost always used all the available allotments. City Council has not chosen to roll over the leftover allotments in the past few years. 3. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. Staff Response: This is a review criterion in growth management when a development proposal is brought forward. Based on current data, staff believes there is enough physical infrastructure to accommodate new development. 4. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Staff Response: There are a number of projects that have received growth management allotments and City Council approval but are still in construction or have not started. These include Jerome Professional Building, Stage 3, Hannah- Dustin (commercial portion), Phase 2 of the Hospital, 301 W Hyman affordable housing, and the Crandall Building. (Ka_ MEMORANDUM TO: Mayor and Aspen City Council FROM: Sara Adams, Senior Planner�� Amy Guthrie, Historic Preservation Officer THRU: Chris Bendon, Community Development Director t�/) RE: 517 and 521 East Hyman Avenue ( "Benton" and "Annie's ") and the Parking lot at the corner of Hunter and Hyman Avenue (Block 95, Lots G, H, and I) — AspenModern negotiation for Landmark Designation process direction, Action Item. MEETING DATE: January 9, 2012 COUNCIL REQUEST: Council is asked to decide whether to negotiate for landmark designation of 517 and 521 East Hyman Avenue through AspenModern. Subsequently, Council is asked to select a negotiation method. Staff has met with Council members and will provide a summary of those discussions at the meeting. Following are the different methods for negotiating which allow the applicant and Council to get closer to an acceptable agreement. Regardless of the method chosen an ordinance is required to be adopted by City Council during a public hearing. 1. Provide direction to the Community Development Director to negotiate with the property owner. Direction may be given in an Executive Session. 2. City Council appoints a Council representative to negotiate with the property owner. 3. City Council negotiates directly with applicant in a public meeting. SUMMARY: The applicant y submitted a land use application r-� through the City's voluntary AspenModern program. The "' `' project comprises three separate Mr lots, 517 and 521 E. Hyman t _ Avenue and the parking lot on the ( 1/4 corner of Hunter and Hyman f Y I �� i, Avenue. Two buildings are k L located on the subject properties: ° , t f. P the building that houses Little V' 1- f ` Annie's Eatery at 517 E. Hyman P and located at 521 E. Hyman v °w Avenue is Tom Benton's original Photograph 1: Benton Studio with second floor addition, 1967. Image courtesy of the Aspen Historical Society Ann Hodges Collection. 517 and 521 East Hyman Avenue AspenModem Negotiation Process — Action Item Jan. 9, 2012 design studio. Neither of these buildings are designated historic landmarks but they are both located within the boundaries of the Commercial Core Historic District. The three properties are proposed to be merged through Subdivision review. The newly created lot is proposed to be 15,000 square feet in size: 3,000 (517 E. Hyman) + 3,000 (521 E. Hyman) + 9,000 (parking lot). In exchange for designation and a $2 million restoration of the Benton Building and designation of the building that houses Little Annie's Eatery, the applicant requests the following for the new construction: 1. Affordable Housing: A waiver of affordable housing mitigation for the new building. Historic landmarks are automatically eligible for growth management exemptions and benefits - for example, 1 free market residential unit may be created on a landmark parcel and it does not require mitigation; and a percentage of commercial net leasable space is exempt. The request is to waive all affordable housing requirements which equates to 29.3 Full Time Equivalents. 2. Free Market Residential unit: Approval to exceed the 2,000 square feet net livable unit size cap in the Commercial Core zone district. The proposal is not to exceed the allowable FAR for free market residential, rather it is to increase the allowed unit size to no more than 7,500 square feet maximum. Currently a unit may increase to 2,500 square feet of net livable by landing a TDR. 3. Parking: A partial waiver of the commercial parking requirement generated by the new commercial net leasable space. The existing buildings have no onsite parking. About 16 spaces are required and 3 spaces are provided which equals $369,000. 4. Public Amenity: A partial waiver of public amenity requirement where 1,500 square feet of open space is required and 405 square feet is provided. A cash in lieu payment of $78,750 is requested to be waived. 5. Impact Fees: Waiver of Parks Development and TDM /Air Quality impact fees, which equals $70,235 for Parks and $11,613 for TDM /Air Quality. BACKGROUND: This project was first heard by HPC in September. The original proposal was to demolish the Benton Building and the building that houses Little Annie's Eatery and to construct a mixed use building on the 15,000 square feet site. On September 21 the Historic Preservation Commission (HPC) passed Resolution #9, Series of 2011 and Resolution #10, Series of 2011, which granted approval to demolish the structure that houses Little Annie's Eatery, and denied the request to demolish the Benton Building. On September 26, 2011, City Council voted 4 -i to "call -up" HPC's determination to allow demolition of the Little Annie's building. The Applicant filed an appeal of HPC Resolutions #9 and #10, Series of 2011 pursuant to Land Use Code Section 26.316.030, Appeals Procedures. The appeal was filed on the basis that HPC had no jurisdiction to pass both resolutions and that HPC acted improperly in denying the demolition application for 521 E. Hyman Avenue. The Appellant requested that Council nullify and invalidate both HPC resolutions. On November 2, 2011, Council held a special meeting to hear the appeal and to review the Council "call up." The hearing was continued to November 28, 2011. However, on November 14, 2011, the Applicant submitted a letter requesting voluntary designation of the Benton 517 and 521 East Hyman Avenue AspenModern Negotiation Process — Action Item Jan. 9, 2012 Building and the building that houses little Annie's in exchange for benefits through the AspenModern negotiation process. At this time, the appeal and Council's call up that were scheduled for November 28, 2011 have been tabled while the applicant proceeds with the AspenModern negotiation. HPC recommended approval of landmark designation of both buildings by a 5 — 0 vote on December 14, 2011. HPC found that the Benton Building was a better example of Organic /Wrightian style with the potential to be a best example after the proposed restoration and that the Little Annie's building was a best example of Rustic style. Attached as Exhibit A is a detailed explanation regarding the importance of these buildings. During the same meeting the Commission recommended to Council approval of Conceptual Commercial Design Standard Review and Conceptual Major Development Review by a 4 — 1 vote. As part of the AspenModern review Council is asked to grant Subdivision Review, Growth Management Review, Conceptual Commercial Design Review and Conceptual Major Development Review. STAFF RECOMMENDATION: Staff recommends that Council negotiate for landmark designation through the AspenModern program and select a process for the negotiations. EXHIBITS: EXHIBIT A — Landmark Designation criteria EXHIBIT B — Biography of Tom Benton from thomas w. benton: artist) activist. by Daniel Joseph Watkins, published by People's Press, 2011. EXHIBIT C — HPC minutes from December 7, 2011 and December 14, 2011 EXHIBIT D — Proposed floor plans 517 and 521 East Hyman Avenue AspenModern Negotiation Process — Action Item Jan. 9, 2012 Exhibit A HISTORIC DESIGNATION §26.415. 030. C AspenModern 1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two of the criteria a -d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. STAFF FINDINGS: BENTON BUILDING (521 E. HYMAN): Tom Benton was indicative of a true Aspen local: a non - conformist, local activist and a self - defined free spirit. While he was a trained architect from University of Southern California, Exhibit A Landmark Designation Criteria Jan. 9, 2012 Benton chose to work for himself and develop his art through silkscreens, i monotypes and oil paintings. A - - DESI 0 PRIMARI L retrospective book of his life and work ~ titled "thomas w. benton: artistlactivist" i , , IoI was written by Daniel Joseph Watkins c, and published by the People's Press in , a - k 2011. Attached as Exhibit B is a short - - biography of Benton that was included in the book. In addition, Benton's work is included in Aspen's Modern Architecture Context Paper. Photograph I : Original first floor of the Benton Building 521 E. Hyman was the first building Benton built in Aspen. The building was built one story at a time. He built the gallery and studio space on the first floor and a residence on the second floor. The third floor was added in 1973. It served as a gallery, residence, and studio for his art work. In addition, according the Watkins' book, "Benton became involved in politics and his gallery soon became the central meeting place for local intellectuals, artists and activists." He sold the building in 1975. Benton was best known for his activist posters and artwork. He collaborated with Hunter Thompson and others to create "images that helped to define Aspen's tempestuous political and social upheavals" in the late 1960s. His work also included national anti -war and political posters. Benton's artistic style had an Asian influence with the use of circles and the balance of his compositions. He included geometric shapes such as triangles and rectangles which convey depth, dimension and volume. These characteristics are clearly evident in the architecture of the Benton Building. The cinder block walls on either side of the property protrude beyond the facade of the building to create a rectangular volume inside of which he constructed his studio. The building plays with solids and voids through the use of geometric shapes. Benton used natural materials, and according to Watkins he used local materials "such as cinder blocks from nearby Dotsero and the aluminum printing plates discarded weekly at The Aspen Times." His architectural style was in line with other local architects such as Charles Paterson and Robin Molny. More interested in graphic art than in architecture, he still designed the occasional building, including a residence for actress Jill St. John. His funky, organic, California esthetic was in sync r with Aspen's Wrightian tradition. His designs, such as the Patio Building aka Crandall Building (1969), a flat - roofed commercial building at 630 E. Hyman, exhibit a similar interest in natural materials, simple geometric shapes, deep overhangs, horizontal emphasis, and orienting the building to frame views toward the mountains. Exhibit A Landmark Designation Criteria Jan. 9, 2012 Starting around 1979, the first floor was converted to a restaurant/bar use. Gradually the exterior of the building was changed to the present condition. Stucco, copper details, and new windows erased Benton's aesthetic and use of natural materials and textures on the lower front facade. The original form of the east, west and north facades of the building are intact. The applicant proposes to use photographs, to be presented during the public hearing, to restore the front facade to its original condition with the exception of bumping out the first floor windows to create a better �~ street presence. Staff is not supportive of this :_ _ \ alteration and recommends that the first floor be - , 1;. ,al restored in accordance with the historic photographs. = — �` _ _ The applicant proposes to remove the rear portion of __ = ` _ - = the building to provide a 2 car parking garage for the .— - _ _ -: site. Originally, a subgrade garage was proposed under - the entire 15,000 square feet site, but with the __ preservation of both buildings the garage is no longer ' ~- feasible. Staff is supportive of the removal of the rear I portion of the building considering the proposed full , ry .r restoration of the front facade. 4f -'' (MS The property scored a 13, which is defined as "better ", _ on the integrity score sheet based on its current condition. The proposed restoration would increase - the integrity score to at least 16 points, which is defined as a best example of the Wrightian/Organic style in Aspen. CONCLUSION: Staff finds that designation ' criteria A - E are met. Benton significantly contributed to Aspen's built environment and sense of place as an architect, — an artist, and an activist. His architecture and his artwork are reminders of the 1960s and ' L� ' ? ` 1970s when Aspen was developing into a ski "i" .. resort with conflicting local opinions and lively • debates in local politics. Benton's studio was Photograph 2 & 3: Benton's original design above and the the birthplace of many influential works of art current condition below. and local gatherings that contributed to local history. Staff strongly feels that the preservation of this building is important to Aspen's post war legacy. Exhibit A Landmark Designation Criteria Jan. 9, 2012 517 E. HYMAN: AKA LITTLE ANNIE'S EATERY: (written by Amy Guthrie) si The building at 517 E. Hyman Avenue was built in 1960. Originally occupied i 3 •41 1 by a retail shop, the front facade was - ' brick with a Chalet inspired roof -, overhang attached to the front. Little Annie's restaurant opened in -- 1972 with a new facade, seen above, to • 1 d') is represent the pioneering history of the _ le community. ei■ 1 -,. _ ....-, ' iiii■ fi , Little Annie mine, on the backside of = "!! r � Aspen Mountain, was one of the first Photograph 4: Current condition of 517 E. Hyman — Little Annie's successful silver producers in the Aspen area. Part owner "Three Fingered Jack" Atkinson is said to have built the Sardy house from one week's j earnings from the mine. In the 1960s, the Little Annie's basin was proposed for 1 ski area expansion, which never came to be. A iT . - collection of remaining mining era cabins and other r co g g i rustic buildings on mining claims dotted the area, �, s s f ii_ s , occup by residents willing to live a somewhat • . i ,_ 1 : . and primitive lifestyle so representative of . eccentric an p y p - Aspen at the time that it inspired restaurateurs to .. iii ' namesake what would become a beloved local watering Photograph 5: A cabin in the Little Annie's hole. area In 2002, the City Community Development Department authored a research paper on the popularity of Rustic style architecture in Aspen, particularly from the 1930s to early 1970s. Rustic style buildings of this period, typically hand -built cabins, exemplified the spirit of adventure, romance, and ruggedness of the Rocky Mountain west at a time when leisure travel grew exponentially. Little Annie's restaurant represents this motif, though beyond the front facade the building is dissimilar from other local examples. For this reason, staff has not previously given the property recognition as a potential historic resource. However, it is clear that the community recognizes this connection. CONCLUSION: Staff finds that designation criterion A is met and the property is related to an event, pattern, or trend that has made a contribution to Aspen history that is deemed important. The second component of designation is scoring the physical integrity of the building. Staff's Exhibit A Landmark Designation Criteria Jan. 9, 2012 score sheet is attached. The design of the front facade which appears to be unaltered since 1972 allows the property to earn 16 out of 20 points, placing it in the category of "best" examples of Rustic style architecture. The property has sufficient physical integrity to meet designation criterion E. Exhibit A Landmark Designation Criteria Jan. 9, 2012 r printmaking, - creating his first anti -war peace poster in 1965, and then drifted from architecture to focus on his art. Benton was especially drawn to the Impact of symbols and text working in tandem to convey his political message. During the late 1960s Benton met gonzo journalist Hunter S. C: J �� Thompson. His friendship and collaboration with Thompson L. spanned more than four decades and created or inspired some of Bentons most recognized works, including the 1970 "Hunter S. Thompson for Sheriff" poster and a series of political posters that combined art and writing — the cz Aspen Wallposters. He went on to create campaign posters for more than fifty candidates including George McGovern, Gary Hart and Willie Brown. Benton also created numerous U cause posters for local benefits, non - profits and charitable causes that suited his beliefs. Benton's art continued to evolve throughout his lifetime from political posters to abstract silkscreen prints, monotypes -- and oil paintings. Those iconic works, composed of complex W layered images of bold colors, text and symbols, mesmerized his viewers. His artwork always remained original and grew in size as he matured. Eventually he was creating prints measuring more than three feet by three feet and oil paintings that were five feet by five feet and larger. THOMAS WHELAN BENTON WAS BORN ON November 16, 1930 in Oakland, California. He attended But, as he said more than once, he was in need of a regular Glendale High School and Glendale Junior College before paycheck. In 1989 Sheriff Braudis hired him as a jail deputy, enlisting in the United States Navy during the Korean War. where he worked full time, off and on, until his retirement After his discharge in 1953, Benton attended the University in 2003. of Southern California and studied architecture under the NO one else but Bob Braudis would have hired me," G.I. Bill. He practiced architecture in Los Angeles where he Benton said in a 1995 Aspen Times interview. "But it was so designed a number of residential and commercial buildings. easy. They tell you when to show up, when to work. During a trip to Colorado in 1962, Benton bought an empty Who to abuse." lot in downtown Aspen, at 521 East Hyman Avenue. The During his time as a jailor he would often silkscreen next year he and his wife Betty and children Brian and Christmas T- shirts for the inmates, with quotes such as, "The J. Michelle moved to Aspen where he designed and built his degree of civilization in a society can be judged by entering home, studio, and gallery on that lot. He was adept with its prisons," by Dostoyevsky. his hands and quick to use local materials, such as cinder Throughout his career, Benton had ongoing financial and blocks from nearby Dotsero and the aluminum printing plates discarded weekly at Times. Benton was the drug addiction problems that impacted his artistic output. He abandoned art altogether in the 19805 and '90s before kind of guy who would create everything he needed — not taking up painting later in life. .t d klt The As just a home but worktables, y storage thing. cupboards, original, Benton was diagnosed with advanced lymphoma in early planters, benches, chairs, everything. It was all original, g y p &'= � ,,, elegantly simple and beautiful — works of art that he 2007, and died April 27, 2007. He was seventy - six years old. c thought of as mere necessities, whipped up at a moments He is survived by his children, Brian Benton and Michelle 4.. notice and disposed of without ceremony when he was Benton Bremer, and two grandchildren, Natalie and Emily •?: done with them. • Bremer. „ Benton became involved in local politics and his gallery soon became the central meeting place for local intellectuals, artists and activists. He taught himself the art of silkscreen Fyit C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 Vice - chair, Ann Mullins called the meeting to order at 5:00 p.m. Commissioners in attendance: Nora Berko, Willis Pember, Brian McNellis and Jamie McLeod. Jay Maytin was excused. Staff present: Jim True, Special Counsel Amy Guthrie, Historic Preservation Officer Kathy Strickland, Chief Deputy City Clerk Sara Adams, Senior Planner MOTION: Brian moved to approve Nov. 7 min and by Nora. All in favor, motion carried. .. 'a 517 & 521 E. Hyman Ave. and the pat "I ng lot at the cor`' I f Hunter . and Hyman Ave (• . .- •= , Lo G,H,I) Sara said HPC saw a version of this project in " ; •f ember. HPC was asked to review demolition of the Ben t ilding, 521 man and the building that houses Little Annie's, 517 E. d the pa ���� lot. The proposal • was the construction of a mixed us . .f iti a r w. t d comprise the three lots that are there no , , a full su. t • e ga - and offices on the second floor and resident .j on - t ird floor d retail on the first floor. On the September mee - ° .I' C t. -a action re ding the requests for demolition and HPC voted agar ' ±± - o+ • rtion o '" e Benton building 4 -2 and voted for demo :zt � ebb Eu ' g _ s -.es Little Annie's 5 -1. When HPC makes .. °r • eterm'' o , olition we are required to notify council so tha d %) have an op. ti to c ?.`HPC's decision. Their review is based on the rec. hich mea ° hey . e looking to see if HPC abused their jurisdictio - "! he resol ' on was called up regarding the demolition of Little Annie's. Ar• . the , e time the applicant filed an appeal of HPC's decision. We h . .- t ncil calling up HPC's resolution and we have the applicant filing a r appeal of whether or not HPC has jurisdiction. The applicant requested to table their appeal and they filed an application to participate in the Aspen Modern program to volunteer to designate the Benton building and the Little Annie's building. Sara said HPC is asked to provide council with a recommendation on the importance of the buildings using specific criteria. Sara thanked the applicant for volunteering to participate in the program. We appreciate the 1 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 change in the application and being willing to talk about the designation of the buildings. Sara - Aspen Modern Overview HPC is asked to determine the importance of these buildings. You are using the designation criteria and the integrity score sheets and the context papers that have been adopted. Because the applicant is asking for benefits that are not typically granted to historic landmarks you are asked to determine whether the project is aligned with the purpose and inte � - xi f the preservation program. You are also asked to determine whether t t uil I ings are good, better or best and that is ultimately a product oft , r 6 - ity score sheets. HPC will forward a recommendation to city cou' it an= city council will have final authority over the designatio ritgotiati ® x Tom Benton was a trained architect of A • a:.ern 'fomia and = timately chose to work for himself and develop his a b �.. ilk scree ^ oil painting and mono types. He is well known ft _ T4 activist posters and collaboration with Hunter Thom g;, As you knt' here was a book published by an historian Daniel ?:.n his hfe - is work. Benton moved to Aspen in 1963 and this is •_ sin:= e built. He basically phased it and built th , floor; as • y+t mor• a• .ney progressed to the second and third .r. first floor as used or gallery and studio space and the second, _ as as -d as the r- 'd-nce for his family and the third t floor was built in T A ' e buil.�g'g was built mainly by Benton and 1' � he used 1• s eclectic and it is best categorized as org,& and - an influence and uses circles and designs in a sy q 5 . i cal way. 's ca.+ at is interesting is he creates a rectangular volume' the C PIock on either side of the building that sticks out further tha ae buildin `- jfacade to create a volume that he sets the building into. He exh p som f the Wrightian tradition with the blurring of the line from inside a a t- side. He celebrates the natural environment by framing Aspen Ins Sntain with circular windows and always making sure you could see through his buildings to something natural and very special. He used natural materials all indicative of the organic Wrightian tradition. He also played with solids and voids. The building has changed a lot over time. Benton sold it in 1975 and after that different uses evolved and the facade changed. Most of the changes are on the first and second floor. The form and massing are all intact. On the integrity score sheet it scored 13 out of 20 points. This score can be increased with the proposed restoration of the complete front facade. Part of conceptual is to remove the rear portion of 2 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 the building and add a two car garage and office sp above it. The Crandall building which he designed is one block to the east and it is being renovated with a pent house on the third floor. Benton was known for activism and posters. The Benton building was a gathering space for locals and activists and for artists. Staff finds that the Benton building is extremely important to Aspen's Post War Inventory and we find that all the designation criteria are met, A — E. Little Annie's Amy said we have been asked to consider this as a pqf ntia voluntary landmark. The architectural style that is most rel- =- the Little Annie's building is the Rustic style. Most examples in d. to free standing such as the fishing cabins and the gazebo gyp., f °. ing it as built in the 60's and it was a masonry building. 972 the restaurant: +ened and the new facade was applied. Little A *~ _ n are on the back of Aspen Mountain, one of Aspen's most imp nos. At one point there was discussion of expanding tit- ski area there.. +e architecture is more of a vernacular and the interpretation ,F . some kind • r tic style and it is in the core and there are a lot of tourist'. . l+ <7+ 'ons and :: o "'pies of the American West. It does not appea , alt '-d. With the voluntary designation we are h r , hat it mee x + - crit Sara presented ,., y er poi on the pu . s and intent of the program 26.415.010 Criteri. a n r. =4u are me he buildings are located in the historic d x5 s ere ' o t ngs are 19 century. There are only a few aining + 'le °� clearly convey the sentiments of the 1960's and which was e 3 Which actively defended their small town charact:�+d their in. dual �m which we feel is very important to Aspen's identity. (bs Annie' • -presented the romanticized rustic style of the west. The Benton 1- + ing r# resented an important gathering place. All the aspects of the p ', + °i> and intent are met. The request of HPC is to determine the im.ance of the buildings to council and they will decide how far to go with the negotiation. Stan Clauson said they have slides that relate to the restoration of the Benton building. The Aspen Modern program allows us to set the jurisdictional questions aside. As you know we objected to jurisdiction and felt that the presence of these buildings within the historic district did not of itself constitute sufficient jurisdiction because they were not on the list however, through the Aspen Modern program we have the opportunity to request 3 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 201 benefits that make the project work. We are fully supportive of designation and the context of the 90 day negotiation period within the land use code because it would enable the project to keep the buildings and still move forward with a reasonable development project. Stan Clauson and John Toya, architect presented a power point on the proposed development. John Toya said one of the challenges in restoring the B-; sRen building to its original facade was the separation of uses. The prev'. s us` was by one single owner. The space on the first floor is best ' • as a retail space and upstairs office space or a studio. It is an am. 'ng s..%, and we intend to restore it to its original condition but it doe C ;c s s. tt inue as a retail space upstairs. Our intention is to ,,.crate them and w `d to provide an elevator to the second floor g re pr :+osing to uti a portion of the Aspen Core lot next door wh > _ ` e an entr••" ce shared by offices on the Aspen core lot as well as the .� " _.. es that are for the Benton building. Because you have tw. -rent floor h= s 'ts the elevator has two doors to access the Aspen core ana uton buil• H'_ A third floor mezzanine will be accessed by a st - . Th' , : , •of 1 become a sky light for additional light. - ' otent is to 4 4 ` he cot * ns back to their original structural member :n• ' blast the food an do the same to the CMU walls. If the bri^ S • ors a m till there a.. ill reuse them and if we can't we will have to chip ou" : fl. a .0 • make i ADA compliance. The only modificaf . ` - Be .' - buff ; * e sky light and because the facade is �� set ba is ou t at to fl tain a glazed side light adjacent to the doors and ct forwar. * a b% ndow which will help bring the mercha' t4 ,e in the retal; space closer to the street. On the horizontal door we are pre , :ng some} indows that are the same height as the wooden planks. The �' e ins will resonate with history. Stan said the rear, ement on the first floor was partially demolished in 2002 when it was intended to go from a restaurant to a store front use. John Toya explained that the CMU walls will be exposed. Sara said staff feels that the windows on the store front should not be pulled forward. We feel the building should be completely restored on the front facade and they should have the flat configuration. 4 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 Vice -chair Ann Mullins opened the public hearing portion of the agenda item. Junee Kirk thanked the applicant for historically designating the two structures. Nora applauded the applicant for bringing the project forward and restoring it back to its original state. The synergy of the streetscape with the patio building down the street will be great. My question is • t the windows on the restoration. My inclination is to restore the buil ,'a all e way. Ann thanked staff for the additional photograph This ':n< lam dunk. The criteria for Aspen Modern works for both b _` ° +,t Both � °,dings work with the intent of preservation. I would .:port designating buildings. Jamie said she is happy with the restoration e ' 1 le conce ed about w the windows coming forward o the Benton b ''$ g just because of the shadow line if it was all in one p : R I have no c, -rn with the sky light. It is a good use of space to try an - •re light 1 he second story. Jamie asked about the door /windo c John said they wo 1 a >'ntroduce' ne or two windows within the door so that you can `, ople ing and t-s i t in and out of the space vs. the solid door The sa o e wood o e door would be exposed. We would jus *¢ "! = cm. - sig ndows. c'v y Ja , uested rev v`' >t of th F dows in the door for final. Brian sai• 's in sup a of designation. Bringing the windows forward would energi .s a strt. scape a little more and I am in support of that. Willis said he sups •rts designation of both the properties. Less than 50% of the original street fabric is intact. John said the structural frame is there for that double height portion in front. They added a bay but the wall is still there and it is just a matter of removing the stuff that was tacked on. Ann said it sounds like everyone is for designation and we should move forward with conceptual. 5 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 Sara said staff is supportive of conceptual with a few conditions for final review. We recommend that HPC discuss the plate heights of the upper floors. The applicant is requesting a height increase from 38 feet to 41 feet which can be granted through commercial design review. The maximum height that could be granted is 42 feet. We do find that 41 feet is appropriate considering the adjacent Benton building is 38 .5 feet to the apex. We do have a condition that the module that is closest to the Benton building be set back 40 feet instead of 10 feet which is one of the standards and objectives for commercial design review. That would offer more f for the Benton building. Another condition for final in addition to to store front windows on the Benton building we are recommending the x, of the chimney be reduced or the element eliminated. Overall the tress an m, .le is consistent with the guidelines. Stan Clauson and John Toya did a po r p' t on sae proposed 5_, eptual. These are three parcels to be merged into l o' 14 1' .. uare foot'arcel. The Benton bldg. and Little A . ie's would be - .., :nated historic landmarks under Aspen Modern. The Bent _ - dg. would h * exterior and interior restoration and Little Annie's ess- ..change. W :.'e new mixed use building would occupy the 9,000 s. - • . .M �. er t which is presently occupied by a comm 'larking f . . T ' s less floor area than permitted by code : ; ieve the �w com r ercial space would vitalize the block and " ; . a come a m. commercial street leading down ��w to the new art muse . , • 'n. is b ;? ht forward to the property line and it is s • lly a ,.- 11 sp y . fl there is an entrance to the upper YF z , floors. , John sa . a intent is - av- " a entire Aspen Core project look like one project bu _:. respect' iE a desire to illustrate the difference between the 30 foot modules ` ;_ g H , an and we have done that clearly on the corner by having an all st ;t 'l` ding. We have the same windows continuing and we mixed up the mas g a little bit so that contextually it has vibrancy. There is a band at 14 feet for the first floor on the corner of the vacant lot. We stepped back the building facade on Hyman one foot to minimized the perceived setback of the Benton building. The third floor is set back ten feet and on the chimney we can reduce it to five feet tall instead of ten feet and we might be able to push it back slightly. Stan showed the street elevation and context in relationship to the guidelines. There is a band at 14 feet on the first story that is consistent with 6 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 the guideline and the second and third story are equal at 12 feet with a cornice element above that. The highest roof point is at 41 feet. Looking at Hunter Street there is a 100 foot long facade. There is a substantial recess at the alley. On the back we are incorporating a utility trash area and one garage space of the new structure and a parking garage at the rear of the Benton building and Little Annie's remains as is. John said on the floor plans we have a potential layout. Only one space is locked in that accesses the third floor and the service are on the back. Stan said one of the key things is the corridor and, -=. *r which allows access to the upper floors of the Benton buildin_ rtho ruding an elevator shaft into the Benton building struc e roo °w =. , includes a roof deck for the new structure which is t considerably an, ,, visible to the street. Around the area is a green rd .z . ..roac -� John said regarding the materia s our interest i - ..ck with patterns in the bands. The shadow lines would to the favai here would be columns for identity on the group, o =' ® the struc ''o create something iconic that is recognizable at the st x . ad o° just having a glass front as you walk pa +e color w.- ,.__ :e a . y in the hue of the Colorado sandsto j,uf arker va . e. On the portions of the third floor that are set bac + e pre .sus; sing to . 'nc cladding with a paneling system. The windo o si . r color. Stan etb - ` ligns with the Benton building. The 40 foot sets am not en 7 ,� cle�.. he origin of that in terms of our own structu town. Ns # Win: r came up with that concept when he was doing the' = e elines an by would a third floor module require a 40 foot setback. Nikos Hecht said c" en we bought the property we had five lots to develop and when we heard the community's out pour that made me enthusiastic to preserve these. I went to Little Annie's as a kid and I knew Tom Benton. This is an opportunity for a great partnership for all of us. This is our second choice from and economic and architectural standpoint. It is a first choice from a passion point. We have given up a lot of parking etc. to make this work. This building gives respect to other buildings and to the town. 7 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 John said the 40 foot setback creates a situation on the second floor where it limits a lot of interior function and economically to make the project viable we are relying on the square footage or leasable footage on the upper most level. Pushing that back would really affect the lease ability. We can play with the side wall to minimize how strong it looks. Stan said we understand that there will be recommendations for further study at final including the setback, chimney and setback of the windows on the Benton building. At this point it would be great to go f ard. Nora asked about what percent of the roof is mec 9 John said the square footage is about 495. S_ paid the llows the elements to go ten feet above the height e building as 1on they are set back 15 feet from the facade. The> . _� • hav wo 15 foot cks because they are on the corner. Nora asked if it would be possib • . ower the fla by one foot to bring the height down a little bit. Is the v' • e .nce of a .' = =' "ing garage below grade ? John said they ex es j .ut the ra 3. woul •take out a good swath of the first floor. The Id ne 20 x 75 feu o the first floor for the ramp. The costs didn't add up ' e way tr ake the new building and the Benton b _ { spec, h o ssibly move the building back a little more t. ten e not eet. Also can the fire place be moved so that it is= on in fron John said ®- ire place,.r: s a dual function for the terrace and one for the interior bedr. sa_ We to lower it so that it is just above the guard rail height but we 'ult. . eed a cap and the height would be about five feet. That would be haof the height shown. John also said the elevations in the power point were not the same as in the packet due to revisions. The trash area has also changed. Ann said in the guidelines it mentions recessed doorways. John said we have pulled them as close to the sidewalk as possible for the retail spaces. Ann said it might be something to look at because it makes for richness and variety as you go along the front of the building. John said he would feel comfortable pushing the center door in but cannot commit to any others. 8 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 Vice - chair, Ann Mullins opened the public hearing. June Kirk asked why we didn't have a comparison with Boogies behind which repeats a pitched roof like the Benton roof. I was on the task force and Nori Winter and many of us were concerned about the allowance of huge three story buildings on the north side of the block which provides tremendous shade and block the views to the mountains and cause ice dams to be built up in the winter. For that reason the proposal was that any third story would have to be set back 40 feet to allow for vie °t sun and to eliminate hazards on the streets on Hyman Street. It: s br ught up that the applicant will lose too much square footage but a -= •kits isa they went way under and it is a spectacular area. Vice -chair Ann Mullins closed the publ earingportion of 4._ : enda item. k �IX Commissioner member comme u ts: Jamie said with the top of the B be`� 8 feet and the new building being 41 feet I actually trtry, ® . ing it up = `e corner shows that we are bowing down to the Benton $uildi= , : .it moving toward it. I would like to see a co - line of th- N •et ele on from both corners. I am a little conce °+ . ., e chamf -d come" on the lower level with the columns. I'm 4- access. In regards to the 40 foot setback next to • ilding at entire facade needs to be restudied `r ck :. eerri is dwarfing the Benton building. The materi�ange " $ heed I like the idea of stepping back some of the entr> : give relie # F he evel. Brian said 's excite or + see something on this property. The wall next to i the Benton is =`k cone and what can we do to minimize the impact of that to the Benton b "a We don't want the Benton building to look like it is disappearing. John said he can take some of the surface treatments on Hyman and wrap them back to the Benton building and have architecture vs. a wall. Having a window or something that plays off the same proportions of our windows facing in toward the Benton building will lighten up that wall. Brian said he doesn't have a problem with the 41 feet. In order to pay homage to the Benton building possibly you could step down the second and 9 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 third component next to the Benton building as well as step it back. We need some relief for the third story. I also agree with Jamie about the corner element and if we can shave off two feet that would be better for the pedestrian. Willis said he appreciates all the efforts put in on this project. The ground floor head height seems low and squished at the ground floor. There is concern with Nori Winter's guidelines and how they are implemented. The commercial design guidelines need relooked at closely._ - -Jere is also no dialogue between the new building and historic buil. and we need a concept that connects with Benton's and the rusti ., , of Little Annie's. Nora said she doesn't think this is best for t tbain}nunity w a- s of dialogue with the two buildings as well a ow much of a bu alls on the community in saving buildings I am to r" .abou' parking, hou `'and public amenities. A lot of those burdens do=`. .. � t e• communi and that is zoning's fault or a negotiatio , fault. If we a .,; < s ing to restore the building lets restore it to what it I would al e to see a little relief on the corner. The fourth floor cr € !r J a conce -: me. The process isn't perfect but we have to restore .bui 4. . • . re'.ect it in its V!. relationship to what i .wi ing next .�� o it. Ann agreed by ar ing t guidelines is hard to come up with contemporary diffefr .r oa re. Th1pplicant has done a great job. I agree witl rat ili h- Are . ® ' I � e Benton building should be restores 00% . _ should be put back where they originally wen e 41 foot t is 'd ; restudying the mechanical has already been m= ; tried. Pos m re dy pulling back that wall more than ten feet so that the - x. ton built. g can have a little breathing room. Also restudy the recessed • _, s. I o not convinced yet that the diagonal corner is necessary. Brian said he feels there are still questions about scale and mass and he would like the meeting continued. Staff's recommendation illustrates areas where further work can take place. We have a finite number of issues for restudy and we are willing to work on all of those areas. 10 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 Sara said when this project goes to council there needs to be a conceptual approval in place. If HPC is comfortable with the 41 feet with the main concepts of conceptual approval it would be appropriate to have some of these conditions approved at final understanding that this is a special project with special circumstances. Ann said the massing is good and what we are talking about are items that need more detail and things that need restudied without changing the entire project. Jamie said she doesn't want to push this through . _ 1 need to be in agreement. Brian agreed that this is a very signs " ant p -.ct and we need to understand exactly what we are approvin - <, Willis said there needs to be a narrativ q t the -w construct "' s it relates to the historic resource. r^ ' Sara said the guidelines reflect 1 , ntury tradit aff. .. not Benton's or Little Annie's architecture. Stan said the 41 foot is neede o order . eve a descent building. There is not an ob +" to : .ss the ba d for th:t. I have heard a number of things for study . L e ca x o that If ' s . question of drafting we can do that for the next me >, . %i � # m' Sara a ---° wined °" "{ , ne: A • o do first and second reading at Council. Ann sa e ;t,e feels we al a stthere. There are things we can do for articulatio' 't it does t, affect the entire massing of the project. Jamie said we a' a a ing at the top floor setback, the corner and also context. I have no: ontext of the other buildings to know how it steps around. If those areas are small changes then hopefully it is something that can be done for the next meeting. Brian said the step back of the building next to the Benton building is his concern. Nora said those are all spelled out in their conditions. 11 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 John said he thinks they can pull together something on the west wall for the next meeting in order to keep the process going. Jamie said she doesn't want to be at final saying it was pushed back two feet instead of ten and then it becomes a big issue. Stan reiterated that they can restudy that wall. John said he sees things that can be done so that we don't lose the interior space. It is safe to say we are not going to be able to push this back ten or 15 feet. Nikos said we either want to preserve these build': `• this building works for you or it doesn't which is your prero . ve an. ` - want to know that tonight. Brian said he does want to preserve thy, ..lding but he want ake sure we aren't creating a situation that is co. • • "active to the preservation of the buildings th t we are tryin • ave. Ann said it is sounding like we arn-. • a 'fig and t a e*':gest issue is the wall. ' f Stan said they tal a.. :.me of thtchanges - that can be done and on the other hand it is ial fo e project Vove forward on conceptual. We need this together a "' •.c t John sy, they c. I, owe 4 roof in the zone behind the chimney. Ann sai• s influenc clout 7 p.mplete turnaround of demolishing the buildm: k d now pre" in__ one and restoring the other. MOTION ' i) ove- o grant conceptual with the conditions that staff put together and am. u =.E;- •• #3, instead of requiring the 40 foot setback, restudy that west wall, w er materials, articulation or roof. At final, a study of the corner treatment and recessed doors. Motion second by Nora. Sara said on the heights you would be approving 14 feet on the first floor and 12 on the second and third floors. Sara also explained window reviews are for final. Willis said he thinks the first floor should read as the tallest floor. 12 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 7, 2011 Amended motion: Ann amended the motion to add that the first floor should read as the tallest floor. Motion second by Nora. Sara said there are essentially three resolutions on the table tonight, two for Aspen Modern and one for conceptual. Jim said they can incorporate all three resolutions in the motion. Willis said he would ask for a conceptual narrative on tm %•rchitectural character and how it relates to the historic resource t« we are designating. What is the connection between the new construc � ,ak the historic resource? _= Sara said on page 15 we have all the corn%r ons and the chant #3• a height variation of 41 feet is granted fo ew c struction, r kw •y the west wall for review at final. Added condE >. corner t atment will be restudied at final. Another a' ded condition' to explore the option of recessed doors for final and the E a ioor should ., as the tallest floor. Jamie said she has more things to a o to f.71,.. ' on �'We talked about the mechanical on top no,_� ing like a' `, ve1. ey come back to ten feet of the third floor O. e board -1 about that or if they come back with two feet he ou l about tha'„ Amended, 9 a,,,P Ann -- noel �� • to review the mechanical equip • ° t sot 'oes 4•ok like a four story building. Motion second by o Roll call No s; Jamie, no; Brian, no; Willis, no, Ann, yes. ctg failed 2- , - k Jim said he rec. mend that we should continue the meeting until next week and t.-/- e applicant. MOTION: Ann moved to continue 517 and 521 E. Hyman until December 14 second by Brian. All in favor, motion carried. MOTION: Ann moved to adjourn; second by Brian. All in favor, motion carried. Meeting adjourned at 8:15 p.m. 13 ASPEN HISTORIC PRES RYA ON COMMISSION MI UTE OF DECEMBER S m2 C h KllieenJ. Slil¢Chief Deputy Clerk \ y: ® ! \ \ y . `© .2 � . . w ® «\ Cite • 14 1 x $ m , :,:im .,... i ‘,,I . su co N m2 ■ co as 1, ■ sr °:e - 4d.e. a ye is, t I N d N 1 . I >. 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ONm N a do E N Nln - 0 �l) Q Q = D03 VJ'@ N la - 0 M dNd C N N� ` 7 y ~ �" 1 d 0. C 1 d 1 .c �' N ofno J _Zinc' J to r 5Q a -J , I Q co ^ 0 J 9. t 2� I ,- .O N'-t �L @ W N § •— (6 N .N = .- " '�( J ra 0 J U om E E c a -0 0ap a a t r 0 n 0 0 0 h c o ' cO Cc • U ���Qi Mme- a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 14, 2011 Vice -chair Ann Mullins called the meeting to order at 5:00 p.m. Commissioners in attendance: Nora Berko, Willis Pember, Brian McNellis, Jamie McLeod and Jay Maytin. Staff present: Jim True, Special Counsel Amy Guthrie, Historic Preservation Officer Kathy Strickland, Chief Deputy City Clerk Sara Adams, Senior Planner Motion: Jay moved to approve the minutes of No "' econd by Ann. All in favor, motion carried 6 -0. - Disclosure: Nora will step down on 205 `prin Street Jay will recuse himself on 517 and 52 �,, : an j 517 E. Hyman and 521 E. H man and the s ,'ng lot on the corner of Hunter and Hyman. Asp 4 ' dern Neg '" ; : on for Voluntary Landmark designation of 1 E. H . Conceptual, Conceptual Commercial design nd;ew= emolition continued • ublic hea f rom Jay stepped do Sara said 4 ear m _ en Core project that was continued from ojec eviewed under the Aspen Modern program. To arize the a; ant Council to weigh a trade off as design, "� restoratio ex ange for certain benefits for development etc. Council a „ :E of that cussion asked for feedback from HPC on what you think the imp, ce o e building is in the context of the project. It isn't an easy questio x= ' C and this is not a typical conceptual design review that you would se= ° here you are applying design criteria and standards and things like that in a typical way. Aspen Modern asks you to kind of step back and look at the big picture and weigh the importance of these buildings in the context of what is being proposed. At a conceptual level you are looking at the massing, the height and the scale of the proposed building in addition to how important the two resources are using the tools that you have used before in designation. The project has had some architectural changes based on the comments from HPC last week. We are asking that you review the design in the context of the whole project and looking at the importance 1 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 14, 2011 of designation of these two buildings and the amount of restoration that is proposed for the Benton building. If the Benton building wasn't going to be designated the restoration wouldn't occur to the extent that it is. Staff is asking for a recommendation tonight to forward to council based on the designation of the buildings and conceptual development. The applicant can walk HPC through the changes. Stan Clauson and John Toya, architect. Stan said significant changes have occurred specificall interface between Benton and the new building. This is a net i tionbased on the preservation of two buildings to the community. P" fi; John said the concern was the interface bet - -lie Bento r <'lding and the Aspen Core project. We tried to play off y elements of they ton building and align portions of our buil ` ith it e have sig „ r`antly different floor heights. Benton's second flo` - _. ee t and Aspe Core is 14 feet. We raised the ceil of the indow to tie 1 e neighboring building. One other concern was the visua' .:e ection oft' x' enton building to the core building. It was problematic t ,- .• a retail u J t'' the first floor. We previously requested bay windows} d I. notr`upportive of that idea. We decided to inves , - < the erosio " e fir F for and we pushed back the front so that it ,,�, us £'th the fap.i. e of the' II enton building and it is angled back. T. n_ of bri on the sere d floor became heavy and we came up with anoth 1. _ti + , .. t was w ere appropriate and we thought of a terracot �- 6 een sue ..`,'f�c ° like board and batten. It is through this m/ ial tha =re a 1 o tie into the Benton building. The parapet of the , ... a•ny ties i nto . C ;; 1 o f the Benton building and there is a corner .ow to alig _ The .1 imney is back 11 feet. It is our intent to a ® align cert.ements . he Benton building. We have also lowered the chimney five `_9 . The tore doorway now aligns with the Benton building. On the roof we "eparated the elements of the exit stair and elevator. p Stan said the basic thrust is to be much more accommodating in linking the proposed building to the Benton building. With the roof plan we have eliminated elements and consolidated the area. Sara said at the last meeting the height of the building was proposed at 41 feet. 2 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 14, 2011 John said the CMU will basically be in alignment with the upper part of the Benton building. Brian asked John why they angled the corner of the building next to the Benton building instead of just pushing it back? John said the depth of the walkway to the elevator is quite long and we shortened that a little. The angled wall makes it more interesting architecturally than pushing it back. Willis asked if there was a change to the vertical arran: the height of the store fronts? John said not floor to floor but we • i 'rais= the band to the ceil height. Willis also asked about the materials • • �t tore front windows. John said the pilasters and bands will either be s'e or :k re going to go with a glazed terracotta. Vice -chair Ann Mullins opened the pug ®-aring\: Junee Kirk said preserving the historic district :X e portant and you are preserving character on the bloc I am still COIL- ed about mass and scale. Possibly they could set bac .r®is -T • the bui r and use below grade area. Ann closed the p •,rc - rt : portion the ag-nda item. Ann said the commissioner c. , -nts s', Id relate thp previous meeting and we need n to make sure all co en addH; sed. Brian r: he ap :.tes 'If :estures made in tying into the Benton bui • If we are • tnati ; -e Benton building I want to make sure we are pay's ,= omage to " Yo ave made steps to tie it in For myself I wanted to`" = e third • t .or pulled back a little further. If the applicant is not willing t, bac 1 at portion of the new construction closest to the Benton buildin:` • more I would ask that the height of that third block be dropped dow , the height of the Benton building. Ann commended the applicant for doing a lot of work in a short amount of time. The applicant has demonstrated that there are ways to address the problem. The dramatic change from last week to this week, I am confident we can work with the applicant and come to some resolution. The applicant has done a good job of addressing the concerns from last week. I would support conceptual approval. 3 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 14, 2011 Nora also thanked the applicant for coming back. Looking forward 20 years if those buildings are not designated and they are gone we will have the height of the core building clear up to the Ute City bank building and that would really be hard to look at. I feel the applicant has listened to what we have said. We are moving toward what we are looking for. The Ute City bank building and the scale of all those things together are important. I am glad of the changes made. Jamie also thanked the applicant. I am pleased with thnges made and the corner aspect of the building reads better squarin• y of rather than angled. The top portion of the building next to thy: building, you are starting to have that context relationship with th ento °< 'lding and playing with materials. At final it will be i •,as: >. n to see those materials play against one another. How we accentuate th' _ Crete thin walls of the Benton building up again •' . , ateri`` of the buil , >`_ 'ext door. The two areas to study for final are t • • °•n to see i we can get set back a few more feet and also look at the a`x -d window to make sure it works in context. With the chan' ade I can s o ; .rt moving forward. Willis said the application has com.. " to It t.' quite remarkable. The connection to the Be•,�- .wilding m R the : t•n building better than what it ever was. ere : •ialogue •ing dev =loped and I would encourage you .• rthe There are 4-s res that suggest that this is one project not 40 and �" 1 • coura_a ou to minimally respond to the r commerc $ sta • s a e them abstractly as you can I see us goi • n the irec `a in a positive way. Y � S PY MOTI • amie mo > to a *rove the project as show, resolution #16 with the condit o restud e upper level to see if we can set that back a little more and als t � restu 7 , the angle of the lower level; motion second by Ann. Jamie said the cow r seems a little "forced ". Willis said he cannot support that and he likes the angled corner and it is the best part. It is doing precisely what it is supposed to do and it addressed the street level. It makes the Benton building as good as it can be. Ann said it doesn't have to change we just want to make sure it is the right gesture. 4 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 14, 2011 Brian said he is not offended by the angle and it seems like an interesting gesture. Amended motion: Jamie amended to motion to withdraw restudying the angle of the lower level, second by Ann. Vote: Willis,yes; Nora, yes; Jamie,yes; Brian, no; Ann, yes. Motion carried 4 -1. MOTION: Ann moved to approve resolution #1 7 for 7 E. Hyman to recommend to council designation of Little Annie nd by Brian. All in favor, motion carried 5 -0. MOTION: Ann moved to approve resolur'Jn #18 for 521 E. s n to recommend to council designation of td" &m: ton b�' ding; seco Nora. All in favor, motion carried 5 -0. 217 E. Bleeker — Conceptual,' _ • r Develop 1 , On -Site Relocation, Demoliti� � Ann moved to Conti publicly . ;; an: « *` development on 217 E. Bleeker u A I i 11 seco • by Jamie. All in favor, motion carried. ; 205 S St!3P Conditional Use iew , Variances, Public Hearing Nora re herself. Amy this is r a { for t' :erg house that has been a residential site since it was constructe• ` g gy late 1800's. It is in the commercial CI zone district. The application i •restore the house and build a detached second unit on the property. 5 STAN CLAUSON ASSOCIATES INC landscape architecture.planning.resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925.2323 L970/920 -1628 , t: info ©scaplanning.com www.scaplanning.com _ y 30 November 2011 Ms. Sara Adams Senior Planner, City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: Aspen Core / Requested Benefits Dear Sara: On behalf of our client, Aspen Core Ventures, LLC, please accept this letter outlining the requested benefits in exchange for the voluntary designation of the Benton Building and the building housing Little Annie's to add them to the Aspen Inventory of Historic Landmark Sites and Structures under the AspenModern program. The current proposal contemplates keeping the Little Annie's building in its current condition, pursuing a restoration of the Benton Building as first floor commercial and second floor office space, and a new mixed use, three story structure on the 9,000 sq. ft. corner lot located at Hunter and Hyman. Extensive efforts will be expended on the remodeling and reconfiguration of the Benton Building as a viable commercial property in accordance with the plans being submitted. Moreover, the total floor area for the project will be considerably less than the allowable floor area in the Commercial Core. This 15,000 square feet property would accommodate up to 37,500 square feet of development per the City of Aspen Land Use Code. The proposed development overall will constitute approximately 33,000 square feet, or 12 percent less than the allowable floor area. It should also be noted that the Little Annie's building air space was intended to provide two floors of on -site affordable housing mitigation, something which can no longer be feasibly provided on site. In addition, by retaining the existing buildings, our client will be changing its current proposal for two brand -new "Class A" commercial spaces in the Commercial Core, spaces which are in high demand with retail tenants. Accordingly, the benefits requested as part of this AspenModern preservation and restoration activity are: 1. Acknowledgement by the City of Aspen that the employee housing mitigation required for the new mixed use building will be satisfied by the preservation and remodeling of the Benton Building and the preservation of the Little Annie's building; 2. Acknowledgement by the City of Aspen that the commercial parking requirement for the new mixed use building will be satisfied by the preservation and remodeling of the Benton Building and the preservation of the Little Annie's building; 3. Approval to allow as few as one residential unit utilizing all of the proposed residential floor area, i.e., not restricted by the maximum unit size as set forth in the Land Use Code; I.y,I - Ai 1 Sara Adams, Senior Planner Aspen Core / Requested Benefits 30 November 2011 Page Two ' 4. Waiver of the open space requirement and payment of cash -in -lieu for the 1,500 square feet of required open space; 5. Waiver of Parks Development and TDM /Air Quality impact fees. This proposal is contingent on the plans being approved as submitted. We believe that these requests are consistent with the reduced overall development potential for the property and with the substantial expenditure to be directed toward the restoration of the Benton Building, and the preservation of the Benton and Little Annie's buildings. The request is also consistent with the set of benefits accorded to the Given Institute property in an attempt to save the Given Institute building from demolition. Bearing in mind the interest expressed by a majority of City Council, we hope that the Historic Preservation Commission will accord a corresponding value ranking to the preservation of these properties. However, we remain cognizant that this constitutes a 90 -day negotiation period under the AspenModern program and either party may terminate the negotiations if they feel the proposed benefits are not appropriately equivalent to the value of the historic preservation of the buildings. We have provided an "Attachment 3: Dimensional Requirements Form," which will further indicate the parameters of this proposal. It is our understanding that conceptual plans have been submitted to your office under separate cover from IKB Architects. We look forward to reviewing the revised design with HPC at the 7 December 2011 hearing. We are preparing a Sketch -Up model which will be ready for your review by Monday 5 December at the latest. Please call me with any questions. Very truly yours, Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. Attachment cc: Nikos Hecht ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Aspen Core Applicant: Aspen Core Ventures, LLC Location: comer parcel at Hunter St. and Hyman Ave., 517 E. Hyman Ave., and 521 E. Hyman Ave. Zone District: Commercial Core (CC) Lot Size: 9,000 sq. ft. + 3,000 sq. ft. + 3,000 sq. ft. = 15,000 sq. ft. Lot Area: 15,000 sq. ft. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 7,505 sq. ft. Proposed: 15,300 + 7,505 = 22,805 sq. ft. Number of residential units: Existing: 0 Proposed: 1 - Number of bedrooms: Existing: 0 Proposed: 4 -6 Proposed % o of demolition (Historic properties only): DIMENSIONS: Floor Area Existing: 7,505 sq. ft. Allowable: 37,500 sq. ft. Proposed: 25,550 + 7,505 = 33,005 sq. ft. Principal bldg. height: Existing: 32' Allowable: 42 ' Proposed: 41' Access. bldg. height: Existing: Allowable: Proposed: On - Site parking: Existing: 26 Required: 16 Proposed: 3 % Site coverage: Existing: Required: n/a Proposed: 100% % Open Space: Existing: "�s'q. 0. Required: 1,500 sq. ft. Proposed: ti ft. Front Setback: Existing: Required: n/a Proposed: Rear Setback: Existing: Required: n/a Proposed: Combined F /R: Existing: Required.: n/a Proposed: Side Setback: Existing: Required: n/a Proposed: Side Setback: Existing: Required: n/a Proposed: Combined Sides: Existing: Required: n/a Proposed: Distance Between Existing Required: n/a Proposed: Buildings Existing non - conformities or encroachments: Existing parking deficit for the building housing Little Annie's and the Benton Building. Variations requested: Residential unit size, open space, commercial parking, and AH mitigation. Confirmation of 41' height and roof deck on new structure through Commercial Design Review. a Q ° C (9 a � 0a� 1 ( �, I Tie 20 as x I I L; �� 0 ' - �, l c S ® S ®I ( —LH I ill M3 gg ! d ' NuS1 . > 1.1.1 il? co I U ° -�� Z U c.' \ , < * �J p I1 Q __ Il @ co 0 �\ s t 1 K 1 I 1 I 1 1 I 1 r --, ∎ 0∎1P - I . -_._ f —.... - `.... 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L a b E fi b W •- Y Sr NNN CO e N 1 I l t i + ♦,m Y ^ 3 j111A1 ® W i U 44 W i a N CO w a f W Z W 1 11_ > `����� j \ \ \ \\ ' %ZOE i n 4111111111111 v t_ _,.. \ ■ i m U Z o U 1 W c d a Q • ..r G Y la\ L _ a ; � ���,t 1\�11i' ` U ' ' 1 ' 1 1 \1 i 1 L a co la 1 .. U\\lntff 1 _ 1 a ce 1; - :Joan w — �� a ` � ''' w _ w - a.usueiee�.v W rrrrr a U t.L J WI ` � Y 1t1 I c lli ±R CI3 C5 !t ¢~ tt tti I r W w= co J Q i W SPECIAL MEETING CALLED FOR EXECUTIVE SESSION Date January 9, 2012 Call to order at: I& m. Councilmembers present: Councilmembers not present: El Mick Ireland ❑ Mick Ireland 5 Steve Skadron ❑ Steve Skadron h: Adam Frisch ❑ Adam Frisch Te. Torre ❑ Torre !41 Derek Johnson ❑ Derek Johnson � n II. Motion to go into executive session by ; seconded by ��`O"L Other persons present: AGAINST: R: Y 1 Mick Ireland n Mick Ireland Steve Skadron in Steve Skadron 12 Adam Frisch n Adam Frisch la Torre n Torre El Derek Johnson ❑ Derek Johnson Ill. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.S. 24-6-402(4) , , , y�', T t ( , (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest 4b)'Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (c) Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; \(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (f01) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney- client communication: The undersigned chair of the executive session attests that the discussions in this executive session were limited to the topic(s) described in Section 111, above. Adjourned at: